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(영문) 창원지방법원 통영지원 2015.08.21 2015고단575
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a D's high-speed line that was scheduled to be a candidate for the president of the CFFFFFFFFFFFFFF at the first simultaneous election, which was scheduled on March 11, 2015.

No person is allowed to make a contribution for a candidate with respect to the relevant entrusted election during the period subject to the restriction on contributions, but the defendant was willing to leave the election for the president of the association at the request of D to deliver a written admission to D.

At around 16:00 on February 3, 2015, the Defendant found F as F’s house, a member of the above union E at macro-si, and provided F with an envelope containing KRW 300,000 in cash, with the name of the above D and an envelope, thereby making a contribution for D, a person who wishes to be a candidate during the contribution-restricted period.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement made to D by the police;

1. Seizure record and list;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on press reports to the election of the head of the Central Agricultural Cooperatives;

1. Article 59 of the relevant Act on Criminal Facts and Articles 35 (2) of the Act on Elections Commissioned by Public Organizations, etc. Selection of Punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Unfavorable sentencing factors: considering the fact that the instant crime is highly likely to seriously undermine the transparency and fairness of the nationwide election of the head of the association at the same time, the nature of the relevant crime is not easy - The primary offender who has no record of criminal punishment; D has no effect on the election by abandoning the horse in the relevant election; D’s appearance is against the Defendant; and it is other than the Defendant’s age, character and behavior, environment, motive and circumstance of the crime; and the circumstances after the crime.

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