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(영문) 대구지방법원 상주지원 2016.01.19 2015고단278
농업협동조합법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the president of CFC (hereinafter “CF”) and the president of the CFC under the Agricultural Cooperative Act was unable to make a contribution while in office. Notwithstanding the fact that the Defendant was unable to make a contribution, from May 2014 to June, 2014, at the house of CFC members located in D at the time of residence at P.M. around CF. Around June 2014, the Defendant was the head of the CFF, and the Defendant was the head of the CFFF, “AF

“In doing so, as indicated in the list of crimes in the attached Form, the Defendant provided 50,000 won in cash to the victims and provided 5,000 won in total for five times from around the above day to December 2014 to five members of the NACF to make contributions.

Summary of Evidence

1. The witness (tentative name: E)'s legal statement;

1. Legal statement of the witness;

1. The legal statement of the witness △△△△ (F);

1. Legal statement of witness G;

1. A legal statement made by the witness H (a statement made to the defendant who found at the G's house contact with him/her and finds cash 100,000 won out of coffee later);

1. The statement of the police in relation to Eul (the defendant and the defense counsel denied the provision of cash, but they stated the fact that each statement of the defendant, △△△△, G, H, and H is considerably specific and not experienced;

Among them, it is difficult to view that △△△△△△ is not consistent with the statement about detailed contents after a considerable time from the time when cash was received, and in light of the fact that the defendant provided cash as stated in the judgment, it is sufficiently recognized that there is sufficient fact that the defendant provided cash as stated in the judgment of the court)

1. Relevant legal provisions concerning facts constituting an offense, Articles 172 (1) 3 and 50-2 (a violation of a restriction on contribution by the head of an association) of the Act on Entrusted Elections by Public Organizations, Etc., Articles 59 and 35 (Violation of a Restriction on Contribution by Candidates) of the Act on Entrusted Elections by Public Organizations, Etc., and selection of imprisonment for each sentence;

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. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

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