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(영문) 대전지방법원 홍성지원 2018.09.11 2018고단557
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 was elected as the president of the cooperative by obtaining more than C, a counter-party candidate, in the B’s election for the head of the cooperative (hereinafter “the above election”), which was implemented on March 11, 2015, but C, who was disqualified in the above election, did not have any eligibility as a union member, participated in the voting and had any influence on the result of the election. As such, C, who was disqualified in the above election, was the Defendant of the Daejeon District Court, filed a lawsuit to confirm the invalidity of the election for the head of the cooperative with the intent that the Defendant’s election becomes null and void, and on December 10, 2015, the above court affirmed Plaintiff C’s assertion and confirmed that the election of the Defendant by the above election is null and void.

“Judgment” was pronounced.

The defendant appealed against the above judgment and filed an appeal with the Daejeon High Court, and the defendant is at issue from the attorney-at-law in charge of D Law Firm, representing the defendant in the above appellate trial, to which he belongs, whether he is qualified as a member of the person listed in the list of electors in the above election in the above appellate trial. Thus, the defendant was requested to submit a written investigation into the actual status of members of B association.

[Criminal Facts]

1. When, in the first instance trial of a lawsuit seeking confirmation of invalidation of the election of the head of the association, the Defendant altered a private document on the ground that at least 13 persons who are not eligible for membership have participated in voting and lost the result of the election, at least 13 persons who are not eligible for membership of the association were disqualified for membership, the Defendant changed a survey on the actual status of members of the association as if those persons are qualified for membership of the association, and then was willing to use it as favorable evidence for the Defendant

The Defendant is “G”, “H, I”, “J”, “K”, “K”, and “L”, at the office of the president of the partnership in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in around October 2016, where the investigation of the actual status of members of the partnership in the 2014.

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