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(영문) 인천지방법원 2015.01.21 2014고단8887
농업협동조합법위반
Text

Defendants are acquitted.

Reasons

1. The summary of the facts charged is that Defendant A went out of the election of non-permanent directors located in Incheon Strengthening-gun E, and voluntarily left the election. Defendant B and Defendant C are the representatives of F, and both Defendants are relatives.

No person shall provide money, goods, entertainment or other property benefits to a member or his/her family for the purpose of having him/herself or a specific person elected as an executive or representative of a local agricultural cooperative.

Nevertheless, around January 22, 2014, the Defendants conspired to provide four winners of the course of business purchased by Defendant A and Defendant B from the office of Defendant B located in Incheon Strengthening-gun to the representatives of FF located in the branch of Defendant B, who were in the custody of Defendant B, and accordingly, Defendant C provided one box of the amount of KRW 25,000 at the market price to the J, K, L, M, and J, who were the representatives of the FF members residing in Incheon Strengthening-gun from around 19:00 on the same day to 20:00 on the same day.

As a result, the Defendants conspired to offer goods equivalent to 125,00 won in total to the members for the purpose of getting Defendant A to be elected as a F non-permanent director.

2. The Defendants’ above-mentioned crimes are crimes falling under Articles 172(1)2 and 50(1)1 of the Agricultural Cooperatives Act, and the statute of limitations under Article 172(4) of the same Act is completed at the lapse of six months after the relevant election day: Provided, That the period shall be three years in cases where the Defendants escape or attempted to escape his/her accomplice or witness needed to prove.

However, according to the records, since the non-permanent election of the agricultural cooperative of this case was held on January 23, 2014, the statute of limitations for each of the crimes of this case has expired on July 23, 2014, and the prosecution of this case against the defendants was completed.

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