공직선거법위반
All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.
The court below found Defendant A guilty of violating the Public Official Election Act due to the provision of money or goods in relation to an unregistered amount of election campaign, and found Defendant B not guilty of violating the Public Official Election Act due to the provision of money or goods of KRW 200,000,000,000,000, and found Defendant B guilty of violating the Public Official Election Act due to the provision of money or goods in relation to an unregistered amount of election campaign, and found Defendant B not guilty of violating the Public Official Election Act due to the receipt of money or goods of KRW 20,00,00
The prosecutor appealed against the judgment of the court below, but did not dispute the acquittal portion for each of the above reasons, and thus, this part is not judged again in accordance with the conclusion of the judgment of the court below's acquittal.
In order to establish a violation of the Public Official Election Act due to the act of contribution to Defendant A by the public prosecutor, and the violation of the Public Official Election Act due to purchase and understanding inducement, the judgment of the court below is based on the premise that the list of the existing constituency district is valid.
The sentencing of the lower court against the Defendants (Defendant A: a fine of KRW 2.5 million for a violation of each Act on Election of Public Officials as indicated in the lower judgment; Defendant B: a fine of KRW 1.5 million for a violation of each Act on Election of Public Officials as indicated in the lower judgment; and a fine of KRW 500,000 for embezzlement) is excessively unf
Defendant
A Fact-misunderstanding, misunderstanding legal principles, and violation of the Public Official Election Act due to the promise to provide money or goods related to election campaign (the crime of violation of Article 1-1 of the judgment below : B's activities are not an election campaign but merely an act of preparation for candidacy and election campaign (Article 58 (1) 2 of the Public Official Election Act). Thus, the Defendant cannot be deemed to have promised to provide money or goods to B in relation to election campaign.
The defendant registered B as an election secretary in the future and tried to provide allowances and actual expenses under the Public Official Election Act.