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(영문) 대구지방법원 김천지원 2013.10.16 2013고단851
농업협동조합법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall provide economic benefits, such as goods, to a cooperative member, his/her family member, member, or his/her family member, for the purpose of having him/herself or a specific person elected as an executive or representative of a local agricultural cooperative.

Nevertheless, the Defendant, in the election of non-permanent directors of the CF who are selected as representatives selection system (as of January 29, 2013), had himself elected again and had him elected again, and had the representatives of “D”, a local constituency of the Defendant, provided one “NSC” in the amount equivalent to 23,600 won in the market price, for the purpose of re-electioning directors.

On September 28, 2012, the Defendant: (a) found at the conference of representatives F in Kimcheon-si, Kimcheon-si; (b) posted the Defendant’s name cards in one set of the gift sets before the entrance, posted it in front of the entrance door; and (c) provided 8 representatives in the same manner as shown in the list of crimes in attached Form 1 to the same day, and provided 18,800 won in total at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. F statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning F;

1. Each statement of G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes on internal investigation (as to the price of coffee gift set offered by a candidate of the A, and on the representative's M telephone statement);

1. Article 172 (1) 2 of the Agricultural Cooperatives Act and Article 50 (1) 1 (a) of the same Act and the selection of fines, respectively, for the crime;

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. In light of all the circumstances, such as the fact that money and valuables provided by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is relatively minor, there is no record of criminal punishment, and the reflection of the nature of the money and valuables, the punishment is determined as ordered

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