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(영문) 대전지방법원 2015.12.15 2015고단3594
농업협동조합법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

A candidate for an election of executive officers of a local agricultural cooperative (including a person who intends to be a candidate) shall not engage in any act, such as providing money, goods, or other economic benefits to members or their families from 180 days before the expiration date of the term of validity to the election day

On May 12, 2015, the Defendant: (a) decided to be recommended by the C Standing Director Recommendation Committee; (b) decided to be recommended by the Board of Directors on May 22, 2015; and (c) decided to be recommended by the Board of Directors on June 11, 2015.

On May 7, 2015, the Defendant changed his intention to elect C standing directors from E located in the former North Korea D, and provided C members F, G and H with 187,50 won at the market price.

On May 11, 2015, the Defendant provided KRW 10 million in cash to G by dividing it into F, H, and L, a member of the C, through the Defendant’s Dong Dong-gu Office for the operation of G in Chungcheongnam-Nam- I.

Accordingly, the defendant, as a candidate for an officer election of C, provided members with monetary benefits of KRW 10 million and property benefits of KRW 187,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to K, M, N, G, F, H, andO;

1. Article 172 (1) 3 and Article 50-2 (1) of the Agricultural Cooperatives Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition for the reason under Article 62 (1) of the Criminal Act or more of the Criminal Act, considering the suspension of execution (the first offense and the depth reflects, etc.);

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