1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3. 40,00 won (No. 2), 50,000 won seized.

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, and confiscation) of the court below is unreasonable.

2. Determination

A. Local agricultural cooperatives have a judicial nature. Local agricultural cooperatives’ election of heads of agricultural cooperatives is limited to the scope of constituencies or electors. The election of heads of local agricultural cooperatives is relatively small, well-known among voters, and is carried out within a specific group emphasizing recognition and objection, and its nature is different from the election of public offices, which have a direct relationship with the ideology of realizing the sovereignty of citizens or representative democracy and the realization of the local autonomy system. Therefore, in the case of local agricultural cooperatives’ election of executives, the number of solidarity between electors and candidates supported by the provision of money and valuables and the election of candidates against the electors and the electors is highly likely to close each region. As such, in the process of the enactment of the Forestry Cooperatives Act, there is no possibility of excessive election due to the provision of money and valuables, and there is a significant influence on election (see, e.g., Constitutional Court en banc Order 2011Hun-Ba154, Feb. 23, 2012; Constitutional Court en banc Order 2015Hun-Ba216, Jul. 215, 2015).