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(영문) 서울북부지방법원 2016.08.26 2016고합302

공직선거법위반

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A is a candidate for the F Party G constituency in the 20th National Assembly member election implemented on April 13, 2016, and Defendant B is the head of the above election affairs.

Except for cases where allowances, actual expenses, and other benefits are provided under the provisions of the Election of Public Officials Act, candidates, heads of election affairs, etc. shall not express their intent to provide or provide money, goods, or other benefits in connection with the election campaign, or promise, direction, solicitation, mediation, demand, or receive any money, goods, or other benefits, regardless of the pretext such as compensation for allowances, actual expenses,

From April 3, 2016 to April 12, 2016, the Defendants provided KRW 840,000 in total to nine persons as shown in the list of crimes in the attached Table, including providing 8,960,000 won for telephone publicity activities at an election campaign office located in Seoul H building, which was located in Seoul H building. < Amended by Presidential Decree No. 27417, Apr. 3, 2016; Presidential Decree No. 27406, Apr. 3, 2016>

Accordingly, the Defendants conspired to offer 3,960,000 won or more in connection with the election campaign.

Defendant A, on April 2016, 2016, had KJ provide 6,250,000 won in addition to the statutory allowances to K who worked as an election secretary from March 31, 2016 to April 12, 2016.

As a result, Defendant A provided 6,250,000 won money in connection with the election campaign.

Summary of Evidence

[2016 Gohap 302]

1. Defendants’ respective legal statements

1. Each statement made by the prosecution against L, I, and M;

1. An entry in each statement of the N orO;

1. A statement on the details of transfer of allowances made by I to the Telecomter;

1. Each investigation report (Analysis of seized articles from a mobile phone - Confirmation of letters relating to the expenses of the telecom in B mobile phone, and re-verification of letters relating to the expenses of the telecom in A mobile phone);

1. In an investigation report (a false statement confirmation is made through the expenses paid to the P.S. in advance);

1. To enter the investigation report (the confirmation of the list of the youth in the election-related documents).