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(영문) 인천지방법원 2015.02.17 2014고합818

공직선거법위반

Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

No person shall offer, express an intention to offer, or promise to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext such as allowances and actual expenses, other compensation for volunteers, in contravention of the provisions of allowances and compensation for actual expenses.

Defendant

A is a person who has come to a F Party candidate in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City Council member Election, and Defendant B is a child of Defendant A, and G, H, I, J, K, K, and L are those who have engaged in an election campaign for Defendant A.

G, H, and I were registered as Defendant A’s election campaign worker from May 21, 2014 and was able to carry out an election campaign from May 22, 2014. Since G, H, and I was dismissed on May 29, 2014, the allowances and actual expenses that may be paid in accordance with the provisions on allowances and reimbursement for actual expenses for election campaign workers were KRW 560,000, respectively.

The J was registered as Defendant A’s election campaign worker from May 30, 2014 to June 3, 2014, and was able to carry out an election campaign from that date, and thus, the commission was 350,000 won for the five-day election campaign.

K and L were not registered as Defendant A’s election campaign worker, so it was not possible to receive allowances and actual expenses for election campaign workers according to the allowances and reimbursement provisions for actual expenses.

Nevertheless, according to Defendant A’s instructions, Defendant B paid KRW 210,000 to G, H, and I as an election campaign allowance, from June 13, 2014 to 21:02 by account transfer between G, H, and I, respectively, and KRW 315,00 to J. A. At around 22:00 on the same day, Defendant B paid KRW 70,000 to G, H, and I, respectively, at the Seo-gu Incheon Metropolitan M apartment security guards office, KRW 525,00,00 to J., and KRW 140,00 to L by requesting delivery to G.