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(영문) 울산지방법원 2017.10.12 2017고단2719
농업협동조합법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who won an audit in an election for executive officers of D Agricultural Cooperatives implemented on February 13, 2017.

A person who intends to be a candidate for an election of executive officers of a local agricultural cooperative or a candidate shall not provide or express his/her intention to provide money or goods to members, etc. from 180 days before the expiration date of the term of office of the executive officer to

Nevertheless, the Defendant:

(a) provide meals equivalent to KRW 31,500 in total, each of 10,500 won to G, H and I, a representative who has the right to vote in an election of interest executive officers of DF members at the F restaurant located in Ulsan-gu, Ulsan-gu, Busan-gu, on November 4, 2016;

(b) on November 15, 2016, provide meals of the amount of KRW 9,000 to L, a representative having the right to vote in the election of interest officers of DF members at K restaurants located in the jurisdiction of Ulsan-gu, Ulsan-gu, Ulsan-gu;

(c) on November 16, 201, provide meals of an amount of 17,000 won to the representatives, who have the right to vote in an election of interest executive officers of DF members at N restaurants located in Ulsan-gu M, Ulsan-gu, Ulsan-gu, Seoul-do, with meals of an amount equivalent to 17,000 won;

D. On November 22, 2016, in Q restaurant located in Ulsan-gu P, Ulsan-gu P, the Plaintiff provided meals equivalent to KRW 42,800, in total, 21,400, for each of the 21,400 won to R, a representative who has the right to vote in the election of interest executive officers of DF members.

Accordingly, the Defendant, who is a candidate for the election of executive officers of the local agricultural cooperative, made a contribution in an amount of KRW 100,300 in total to seven representatives who have the right to vote in the election of executive officers of the local cooperative members from 180 days before the expiration date of the term of office of executive officers to the election day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L, G,O, R, and S;

1. Application of Acts and subordinate statutes of a criminal investigation report (at least twice 27,33,43,44);

1. Article 172 (1) 3 and Article 50-2 (1) of the Act on the Cooperation in Agriculture and Fisheries with Respect to the facts constituting an offense (excluding punishment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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