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(영문) 대구지방법원 2016.10.21 2016고합444

공직선거법위반

Text

Defendant

A Imprisonment for eight months, each of the defendants B, C, and D shall be punished by a fine of 1,00,000 won.

Defendant

B, C, and D respectively.

Reasons

Punishment of the crime

Defendant

A A went out to the special election district of the Daegu H Council member in Daegu, and the defendant B, C, and D acted as the volunteer of the defendant A in the above special election.

Except for the cases of providing allowances, actual expenses, and other benefits under the provisions of the Public Official Election Act, no one shall provide or receive any money, valuables, or other benefits in connection with the election campaign regardless of the pretext thereof, such as allowances, actual expenses, compensation for volunteer services, etc.

1. The Defendant, as a volunteer of the Defendant during the election campaign period from March 31, 2016 to April 12, 2016, at the time of the election campaign period from March 31, 2016, deposited KRW 910,00 (13 days x 70,000 won per day x 70,000 won) into the Agricultural Cooperative of B in return for the election campaign, and deposited KRW 840,000 (12 days x 130,000 won per day) into the Daegu Bank of Korea in return for the election campaign on April 22, 2016, Defendant paid KRW 910,00 (13 days x 1370,000 won per day x 770,000 won) to D (Korean community credit cooperative account) as a volunteer.

Accordingly, the defendant provided money to volunteers B, C, and D in relation to the election campaign.

2. From March 31, 2016 to April 12, 2016, Defendant B, as a volunteer of A during the election campaign period of 13 days from March 31, 2016 to April 12, 2016, the Defendant carried out an election campaign for Party A, such as telephone response units, customer visitors, and street with election campaign workers. As such, Defendant B deposited KRW 910,00 (13 days x 70,000 per day) in the Defendant’s agricultural bank account in return for an election campaign on April 22, 2016 from A.

As a result, the Defendant received money and valuables in relation to the election campaign even as volunteers.

3. Defendant C is for 12 days during the election campaign period from March 31, 2016 to April 12, 2016.

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