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(영문) 춘천지방법원 강릉지원 2017.06.15 2017고단425
공공단체등위탁선거에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 31, 2016, the Defendant registered as a candidate for D Agricultural Cooperative President Election Management Committee on the C Election Management on October 31, 2016, and was elected on November 15, 2016.

1. No person who occupies an advance election campaign shall conduct an election campaign except for the election campaign period;

Nevertheless, the Defendant requested F to go out of the house of F of D Agricultural Cooperative Members E around June 2016, which was prior to the election campaign period for D Agricultural Cooperative Head Election (from November 2, 2016 to November 14, 2016) of D Agricultural Cooperative Head Election.

“The words “............”

20,000 won was given to F's grandchildren in cash.

As a result, the Defendant carried out an election campaign even though it is not an election campaign period in D Agricultural Cooperative Head Election.

2. A candidate who violates a restriction on contributions shall not make contributions from June 25, 2016, 180 days before the expiration of his/her term of office to the election day;

Nevertheless, the defendant, on August 2016, at the H's house of a member of the D Agricultural Cooperative located in G, who asked H well.

“The delivery of KRW 50,000 in cash” has been made.

Accordingly, the defendant made a contribution during the contribution-restricted period in the DF election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement made by the police with H;

1. A copy, etc. of the schedule for public announcement of elections for the head of the Korea Agricultural Cooperative;

1. Investigation report (H statement hearing report), CDs;

1. Application of Acts and subordinate statutes to investigation reports (verification, such as an election campaign period);

1. Article 66 subparagraph 1 of the relevant Act on Criminal facts and Article 24 (2) (when it is not an election campaign period, the point of an election campaign), Articles 59 and 35 (1) (the point of a contribution during the period subject to the restriction on contributions) of the Act on Entrusted Elections including Public Organizations, etc. that choose a penalty, and the choice of a fine, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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