(영문) 광주지방법원 해남지원 2016.01.28 2015고단334

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(영문) 광주지방법원 해남지원 2016.01.28 2015고단334

공공단체등위탁선거에관한법률위반

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Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

From March 2, 2002, the Defendant was serving as the president of F (hereinafter referred to as “F”) and was elected as the head of F (hereinafter referred to as “F”) in the first simultaneous election of the head of F (hereinafter referred to as “the first simultaneous election of the head of F”) conducted on March 11, 2015.

1. The head of an association under the Cooperative Act for Agricultural Contributions to G shall not make contributions while in office;

On October 30, 2014, from around 14:00 to 16:36 of the same day, the Defendant visited G’s house, which is a member of F residing in South and North H, and did not meet G, and subsequently, the Defendant was holding one straw in front of the said G’s house at the cost of KRW 25,000 at the market price.

In the original facts charged, the following facts are stated: “A 25,000 won at a private house in the front of the G's office shall be placed at 1 stuff, and the Defendant’s photograph shall be put in one copy of the Defendant’s name.”

The facts charged as above are based on G’s statement that “the Defendant was at the house of G and at the house of G, and the Defendant was at the house of G.” However, the following circumstances acknowledged by the legitimate examination of evidence by this court, namely, that G did not have any name on the house of the police at the time of making a statement at the time of making a statement by the police.

However, in light of the fact that the Defendant was used during the election period of F’s head of the association, and was not used in around October 2014, it is difficult to believe the part of G’s statement that “the Defendant was given the name above the private house for the head of the association” among G’s statement that “The Defendant was given the name above the private house for the head of the association.”

Therefore, in the criminal facts, the part that "a photograph of the defendant has been kept in a copy of the name of the defendant who affixed the photograph of the defendant above is deleted."

Accordingly, the defendant is a member of F, who is a head of F, who can not make a contribution while in office.

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