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(영문) 전주지방법원 2015.07.15 2015고단396 (1)
공공단체등위탁선거에관한법률위반
Text

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

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

Reasons

Punishment of the crime

I. Co-defendant D, E, F, G, and H (hereinafter “Separate Co-defendant”) and Defendant’s status and role D were employed as staff of the Livestock Cooperative since entered the I Livestock Cooperative around March 1980. On or around December 2013, 2013, Defendant retired from the retirement age as the head of Jpic Branch, and thereafter, on March 11, 2015, K Livestock Industry Cooperatives (hereinafter “instant Partnership”) called the “K Livestock Industry Cooperatives” or “FF”) being held as the candidate for the president of the KFF association and was elected as the other party.

E is a member who has served as a pre-audit of the above union; F is a member who has served as a pre-auditor of the above union; G is an auditor of the above union; H is a representative of the above union; the defendant is a person who has been sentenced to imprisonment for 6 months and suspended execution for a violation of the Public Official Election Act at the Jeonju District Court on July 13, 2006; and is a member of the above union; and M farming association is operated together with G.

On the other hand, L, from March 201 to March 20, 2015, was employed as the president of the above union, and L, from March 2011 to March 20, 2015, went out as a candidate for the above election of the president of the union, but was disqualified, N (V, 48 years old) has been employed as a standing director

Ⅱ. The election of candidates for G, E, H, and Defendant

1. G obtained on March 5, 2015: (a) at a coffee shop where it is difficult to know the name of theO prior to the point of occupation; or (b) “L association head and a standing director have a recording file capable of becoming aware of the internal relationship; (c) on one occasion, the auditor had only a one-time explanation stating that “L association head and standing director have been able to find out the internal relationship; and (d) L and N’s 12 minutes of the voice file in which the private conversation was recorded (hereinafter “instant recording file”).

On January 25, 2013, the recording file is with the prosecution investigator belonging to the previous state public prosecutor's office who has been in charge of the investigation of the petition case filed against L around that time.

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