공직선거법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is a person who wishes to become a candidate for the F Council member at the 7th simultaneous local elections held on June 13, 2018, held on the part of the incumbent F Council member (G, H, I, J.), and the 7th simultaneous elections held on June 13, 2018.
Despite the fact that a local council member is unable to make a contribution to an institution, organization, or facility located in the relevant constituency, the defendant received a request from L who is the chairperson of the K apartment center in his/her local constituency to seek a kimchi cooling room to be used in the above center for senior citizens. On June 29, 2016, the defendant requested N to send a kimchi cooling room to the above center for senior citizens by requesting N to send a kimchi cooling room to the defendant's high school after early June 2016. < Amended by Presidential Decree No. 27205, Jun. 29, 2016>
As a result, the defendant contributed to the above center for older persons with the city of 520,000 won through the above N.
2. The gist of the defendant's and defense counsel's assertion is that the defendant asked N to seek a kimchi cooling house equipped with the K apartment hall by L, and asked N to contribute to the kimchi cooling house to the K apartment hall.
Therefore, the defendant introduced or arranged N's contribution act, and the defendant does not make a contribution act in K apartment center.
3. Determination
A. Relevant legal principles 1) The act of donation under Article 112(1) of the Public Official Election Act is a case in which the effect of the donation is provided to a person stipulated in Article 112(1) of the Public Official Election Act, with the intent to look at the effect of the donation to a candidate or a person who intends to be a candidate, and the contributor becomes the donator. However, the person who made the donation is not always limited to the actual contributor of the goods, etc.
In addition, as the contributor does not coincide with the donor or the donor together with the contribution act, it is not clear that either party is the donor.