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(영문) 대전지방법원 공주지원 2015.10.02 2015고단221

공공단체등위탁선거에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,200,00.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as a member of CF, was a candidate for the election of the president of the CFF on March 11, 2015, and was not a candidate.

No person shall make, or have another person make contributions to, the relevant entrusted election for a candidate during the period subject to restriction on contributions, and no one shall conduct an election campaign in any way except in cases where a candidate conducts an election campaign pursuant to the provisions of the candidate, and no person shall visit the elector (including a person eligible to be entered in the electoral register) door, or gather it in a specific place for an election campaign.

Nevertheless, at around 15:00 on March 8, 2015, the Defendant complained of D’s support by visiting the house of F of the said agricultural cooperative member E in Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, stating that “D well request.”

After that, the Defendant found in the house of H of the above agricultural cooperative members located in the same military G, and appealed for D’s support by stating “D at once with the president of the cooperative called “D more than once again,” from the dwelling space,” and offered two copies of KRW 50,000 to the sofa, in which it was located, but immediately returned the said cash from H.

Accordingly, the defendant visited the elector by door, carried out an election campaign even though he is not a candidate, and at the same time expressed his intention to provide money for the candidate during the contribution-restricted period.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, I, F, and J;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (such as photographing at the H’s domicile);

1. Article 6 subparag. 11 and Article 38 of the Act on Entrusted Elections with Public Organizations, etc., Article 66 subparag. 1 and Article 24(1) of the Act on Commissioned Elections with Respect to Criminal Facts, Articles 59 and 35 of the Act on Commissioned Elections with Public Organizations, etc., and Articles 66 subparag. 1 and 24(1) of the Act on Commissioned Elections with Public Organizations, etc.