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(영문) 창원지방법원 진주지원 2015.07.10 2015고단362
공공단체등위탁선거에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the elector of the election for the head of the Dagricultural cooperative (hereinafter referred to as "DF") implemented on March 11, 2015, and Defendant B is the spouse E who won the above election for the head of the DF.

No one shall offer, expressing an intention to offer, or promise to offer money, goods, entertainment, other property benefits, or a public or private position to an elector or his/her family members for an election campaign.

1. On February 15, 2015, the Defendant offered KRW 150,000 in cash (50,000 KRW 50,00) by requesting the support of E withdrawn in the election of the head of the association, i.e., “E moves to the head of the association, i.e., to the head of the association, and to the head of the association, i.e., to the head of the association.”

2. On February 2015, Defendant B provided KRW 50,000 (one sheet 50,000 won) in cash upon request for support of E, which was finished in the election of the head of the association, at the Round established by Jin-si, Jin-si, Jin-si, Inc., the Defendant: (a) provided to the U.S. electors of DF; and (b) provided the same to them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to the prosecution of I;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the list of members of the Korea Agricultural Cooperative, and copies of electoral register;

1. The Defendants: Article 58 subparagraph 1 of the Act on Entrusted Elections by Public Organizations, Etc.; Selection of a fine and fine for the crime;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: In light of the fact that the Defendants, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, provided money to the electors to vote in return for the provision of money, thereby seriously impairing the transparency and fairness of the election of the head of the relevant association, the Defendants’ criminal liability is not somewhat weak, but the Defendants reflect the instant crime, and the same criminal power and sentence is imposed on Defendant A.

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