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(영문) 창원지방법원 거창지원 2020.01.20 2019고단262
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

B is a person who worked as a non-permanent auditor of C.C. (hereinafter referred to as “C.”) and worked as a candidate for C.C. in the election of the head of the 2nd National East City Cooperative (hereinafter referred to as “C.”), which was implemented on March 13, 2019.

In order to prevent the above-mentioned B from being elected, the Defendant had a mind to send to many people postal items containing contents unfavorable to B.

On March 5, 2019, the Defendant: (a) around 22:52, the U.S. government office located in the Daegu-gun Sslife-ro 2589, Seowon-gu, Daegu-gun, and (b) sent a mail stating that “I would like to seek a judgment on whether the Plaintiff would be the president of the KF or G, such as E residing in Gyeongnam-do, or about 10 persons residing in Gyeongnam-do, and I would like to seek a judgment on whether the Plaintiff would be the president of the KF or G, while the executive officers of the CF would be employed as class 6 employees of the KF, and this would be as if the inventory of the CF is located in the CF on the books and as if it were in mind that the CF’s property was self-owned and as if they were the property of the CF, it would be concerned about the front day of the CF.”

However, in fact, B did not have the right to employ a father, who is a dependent, in the management office of the CF, and I was employed through the personnel committee of the CF and in the process, it was well known that it was not illegal employment since I judged that it was not a problem that I would be employed as a member of the personnel committee.

In addition, although B was engaged in the purchase of bean on behalf of the C Cooperatives, the books related thereto were prepared in the purchase system of the CUnions, and there was no false book prepared by B, and there was no fact that B did not have intended the C Association's properties such as embezzlement of the C Association's properties.

As a result, the defendant would not be elected by the candidate B.

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