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(영문) 창원지방법원 밀양지원 2016.05.04 2015고단280
공공단체등위탁선거에관한법률위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by a fine of 3,00,000 won.

Reasons

Punishment of the crime

Defendant

A was elected as the president of the H Agricultural Cooperatives (hereinafter “HFF”) located at the same time during the first simultaneous election of the head of the cooperative of March 11, 2015, which was implemented on March 11, 2015. Defendant B and Defendant C were members of the above HFFF, and were members of the above HFFF.

1. Defendant A

(a) No person who intends to be a candidate in violation of the restriction on contributions shall make contributions during the period subject to the restriction on contributions;

Nevertheless, the Defendant, at the J Office located in Syang-si around 18:00 on October 24, 2014 during the contribution-restricted period (from September 21, 2014) to L who is a member of the said HFF and is in charge of the president of K (K)’s new president, who is a member of the said HFFF and was well in charge of K (K).

The term “assign” and “assign one million won in cash.”

Accordingly, the defendant provided money to members L during the contribution-restricted period, and made a contribution act.

(b) An election campaign in advance may be carried out from the date following the deadline for registration of a candidate ( February 26, 2015) to the day preceding the election day ( March 10, 2015), and no election campaign shall be carried out during any other period.

Nevertheless, from around December 2, 2014 to January 5, 2015, the Defendant: (a) performed an election campaign three times in total from the same day to January 5, 2015, to H agricultural cooperative members, in the vicinity of the N-Myeon Office located in Yangyang-si, M, with the words “if inside a cooperative head is going out of the election, to the other persons, to the close end”; and (b) made an election campaign three times in total from the same day as the one in the attached crime list 1 to January 5, 2015.

2. No person who is accused B shall make contributions for a candidate with respect to the relevant entrusted election during the period subject to restriction on contributions;

Nevertheless, the Defendant, at the J Office located in G in Syang-si around January 4, 2015, during the contribution-restricted period (from September 21, 2014) (from September 201, 2015), provided that “A phone called in this test and provided 1 million won to her member of HU in the first place,” and 5 million won among which she donated her in the name of her member of PU, and her remainder 500,000 won.

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