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(영문) 제주지방법원 2018.12.20 2018고합151

공직선거법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person in charge of accounting of the C candidate who was candidate for the 7th simultaneous local election conducted on June 13, 2018 at an election of the Jeju Special Self-Governing Provincial Council member, and was successful in the election of the Jeju Special Self-Governing Provincial Council member.

The accountant in charge of the candidate for an election for public office shall not disburse election expenses in excess of 1/200 of the amount of restrictions on election expenses publicly announced by the election management commission, and the amount restricted on election expenses in the election district was publicly announced as 44,00,000 won.

On July 13, 2018, the Defendant reported to the Election Management Committee of Jeju Special Self-Governing Provincial Election 7 times nationwide to pay KRW 43,579,658, while reporting election expenses for the National Assembly members of Jeju Special Self-Governing Provincial Election Do.

However, on June 21, 2018, the defendant is working as a person in charge of accounting of the C candidate in connection with the above election, and paid 4,363,854 won to the design electoral team in charge of the production, etc. of election campaign promotional materials in the name of the preliminary candidate promotional materials, and handled 4,362,90 won, which is the amount obtained by cutting 954 won out of the amount, as election expenses. However, the above amount constitutes election expenses.

Accordingly, the Defendant spent election expenses exceeding KRW 2,106,50 [the amount reported by the Defendant for election expenses = KRW 43,579,658 [the amount equivalent to the outside expenses of KRW 1,836,051 in an amount equivalent to the outside expenses of the amount reported by the Defendant as the outside expenses of the election - KRW 4,362,90 in an amount equivalent to the outside expenses of the amount reported by the Defendant as the outside expenses of the election - KRW 44,000,000 in an amount equivalent to 9.4/200 of the amount restricted for election expenses.].

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. As a result of review of the receipt and disbursement of political funds on July 13, 2018 / (i) a copy of a statement related to the promotional materials of preliminary candidates; (ii) a report on the appointment of an accountant in charge on March 26, 2018 / A statement on the appointment of an accountant in charge on March 26, 2018 / a statement on the agreement on the disbursement of election expenses / a statement on the calculation of the amount restricting the preservation of