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(영문) 서울남부지방법원 2015.06.10 2015고단1380
중소기업협동조합법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the chief director of H Cooperatives and the first director, and is the representative of J Co., Ltd.

No person shall provide any money, goods, entertainment, interest in property, or public or private job, or make a declaration of intention to offer, or promise to offer any money, goods, entertainment, or public or private job to any elector for the purpose of making him/herself or any specific person elected

On January 28, 2015, the Defendant offered two million won, as a consideration, to recommend N as a candidate, at a L-only restaurant located in K in Seopo-si in Jeju Special Self-Governing Province, for the purpose of getting N in the election for the 25th Federation of Small and Medium Business to be elected.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Each prosecutor's statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 137 (1) 2 and Article 53 (1) 1 of the Small and Medium Enterprise Cooperatives Act on criminal facts;

1. The act of offering money or goods to an elector for the purpose of getting a candidate elected in relation to the election of an officer of a small and medium enterprise cooperative for the reason of sentencing under Article 62(1) of the Criminal Act is likely to undermine the fairness of the above officer election and interfere with reasonable judgment, and if such is allowed, the Small and Medium Enterprise Cooperatives Act strictly prohibits the act of raising funds for candidates, etc. rather than being given an opportunity to evaluate the figures, knowledge and policies of candidates, etc., and the same applies to similar election-related Acts and subordinate statutes. Although the crime of this case was committed by an individual, and even if the amount provided is not much, the act of offering money or goods to an elector for the purpose of winning the election of a specific candidate is detrimental to the freedom of electors, and it is unfavorable

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