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(영문) 부산지방법원 2014.01.22 2013고단3865
새마을금고법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 23, 2012, the Defendant was elected as the chief director in the election of the 16th chief director and executive officers of the D community credit cooperatives located in Geum-gu, Busan.

No one shall provide, express an intention to provide, or promise to provide money, valuables, entertainment, other property benefits, or a public or private job to any member or his/her family member for the purpose of having him/herself or a specific person elected as an executive of a credit cooperative or preventing him/her from being elected.

1. On October 19, 2012, the Defendant offered entertainment to member E at the “G” restaurant located near Busan Eastdong-gu F, Busan on October 4, 2012, the Defendant complained of the Defendant’s support for the Defendant’s election to the president, by providing 1 stamper and 1 strawer in a ridge to which the market price cannot be known to the representatives of the aforementioned credit cooperative members.

2. Around October 21, 2012, the Defendant expressed his/her intent to offer entertainment to members H and to offer property benefits to the “J” restaurant in the vicinity of the Geum-gu Busan Metropolitan Government, the Defendant argued that, at around October 21, 2012, the aforementioned credit cooperative’s representative H complained of support for the Defendant to be elected to the president, and provided two soldiers with the pre-feass and jus whose market price is unknown, and supply LPG gas to the restaurant operated by the Defendant for the next two years at the K operated by the Defendant for two years.

Accordingly, the defendant provided entertainment to members E and H for the purpose of getting himself to be elected as an executive of the credit cooperative and expressed his/her intention to provide property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. E prosecutorial statement;

1. Application of a copy of the electoral register for executives;

1. Relevant provisions of the Acts and the choice of punishment concerning facts constituting a crime, and Articles 85 (3), 22 (2) 1, and 22 (3) of the Community Credit Cooperatives Act, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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