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(영문) 창원지방법원 진주지원 2015.09.01 2015고단512
공공단체등위탁선거에관한법률위반
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

D is the president of the FF Agricultural Cooperative in Jin-si E (hereinafter referred to as “FFFFFFFFF cooperative”), the first time of the election of the president of the FFF cooperative in March 11, 2015, who wishes to be a candidate for the above FFF cooperative in the election of the president of the FFF cooperative in Jin-si, and the Defendants are the members

No one shall provide, or indicate an intention to provide, or promise to provide, money, goods, entertainment or other property benefits or public or private positions to an elector for an election campaign, or shall not receive such an intention or promise to provide such information.

1. On January 24, 2015, Defendant A: (a) around 07:35, 2015, at his own residence located in Jinju-si, Defendant A received a request for support from D and received cash 1,950,000 won (50,000 won) along with eight members’ list to the effect that the list is divided by 200,000 won per member by two members from D candidates for the head of the said FFFFF agricultural cooperative.

2. On February 3, 2015, Defendant B received cash 1,000,000 won (50,000 won) from Defendant D’s candidate for the president of the FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFC at the I restaurant located in J, Jinju-si, and received meals equivalent to KRW 32,00,00,000, such as so on.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the protocol of suspect examination of D by the police;

1. A copy of each police statement made by J;

1. Copy of seizure records;

1. Each investigation report (as to attachment of the production of a sound recording file CD, the results of the case search, and attachment of judgment), recorded file CDs ( dialogue between a suspect A and D, I restaurant inspection, confirmation of the elector), each envelope, cash, and the list of union members;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 58 of the Act on Elections Entrusted by Public Organizations, etc. and the Defendants who choose a punishment: Subparagraph 3 of Article 58 of the Act on Elections Commissioned by Public Organizations, etc.;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant B: Article 60 of the Act on Entrusted Elections by Public Organizations, Etc.

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