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(영문) 창원지방법원 마산지원 2012.10.31 2012고단82

정치자금법위반

Text

No. 1-B and No. 2-B of the judgment, as to the crimes of No. 1-A and No. 2-A in the judgment of the defendant.

Reasons

Punishment of the crime

The defendant is a person who was elected as a member of the 5th City/Do council of proportional representation, who was the head of the party election campaign office of the C party, which was implemented on June 2, 2010.

1. Election expenses and political funds disbursed not by the person in charge of accounting;

A. On May 13, 2010, the Defendant, who was not a person in charge of accounting, reported D to the Msan City Election Commission located in the Changwon-si, Msan City Election Commission as a person in charge of accounting of the party election campaign office of Msan City.

From May 25, 2010 to June 10, 2010, the Defendant spent KRW 13,710,200,00 in total, as shown in the “statement on the disbursement of election expenses” as shown in attached Table 1, from Changwon-si to Changwon-si.

However, the Defendant stated that the foregoing D was “A person in charge of accounting, even if in form, is required. It is not clear that the accounting is in full at a party,” and agreed to be reported to the person in charge of accounting with the knowledge that the above D would perform the actual accounting affairs at the time. The above report and written statement of appointment related to the reporting of the person in charge of accounting was prepared by the Defendant, not the above D, and the Defendant determined whether to withdraw the election expenses and notified the above D of the fact after making a decision on whether to withdraw the election expenses, and later, the above D did not have been involved in the election expenses disbursement of the Defendant.

Accordingly, the election expenses paid by the defendant who is a candidate to run in an election for public office could only be paid by the accountant in charge of the election campaign office, but the defendant paid the election expenses without going through the

B. The Defendant, who was not a person in charge of accounting, disbursed the total amount of political funds KRW 7,29,359, such as the entry of “the details of political funds use” in attached Form 2 from May 28, 2010 to June 21, 2010.

However, the Defendant stated to the above D that “A person in charge of accounting needs to be in charge of accounting even in form. It is difficult to see that the date of accounting is in full at a party.”