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Reasons
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(영문) 창원지방법원 마산지원 2015.10.06 2015고단712
공공단체등위탁선거에관한법률위반
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Defendants shall be punished by imprisonment for six months.

However, for one year from the date of the final judgment against the Defendants, respectively.

Reasons

Punishment of the crime

1. On March 11, 2015, Defendant A provided money to Defendant A for election campaign by delivering KRW 500,000,000 (50,000,000,000,000,000,000 won (50,000 won), which was a candidate for the president of Dagricultural Cooperative (hereinafter referred to as “Dagricultural Cooperative”) within the jurisdiction of Gyeongnam-gun-gun, Gyeong-gun (hereinafter referred to as “DF”). At the G entrance where DF works for the same militaryF around March 16, 2015, Defendant A found DF and requested B to provide E with support by finding DF members.

2. Defendant B

A. The Defendant received a total of KRW 500,000 from A to request support from A for candidates E for the president of the Korea Agricultural Cooperative, at the time, place, and place described in paragraph 1, and received money for election campaign.

B. The Defendant returned to the same H village between 18:30 to 18:50 on the same day, and provided money to the electors for the purpose of election campaign by giving 10,000 won in cash and 50,000 won in cash to each of the members of the DF members I, J, K, L, M, etc. who reside in the same 18:30 on the same day, and to each of the members of the DF members I, J, K, L, and M who reside in the same 18:50 on the same order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against J and K;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article applicable to criminal facts;

A. Defendant A: Article 58 Subparag. 1 of the Act on Entrusted Elections by Public Organizations, Etc., and Selection of Imprisonment

B. Defendant B: Article 58 subparag. 1 and 3 of the Act on Entrusted Elections by Public Organizations, Etc., and choice of imprisonment

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. The Defendants are subject to confiscation.

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