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(영문) 대전지방법원 홍성지원 2012.12.11 2012고합103

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is an election campaign manager of a candidate D who has run in the first half of the presidential election district of 2012 for the presidential election of Hanam-do Council members, and the defendant B is the spouse of the defendant A.

No person shall provide money, valuables or other benefits in connection with the election campaign regardless of the pretext, such as actual expenses, other compensation for volunteers, etc.

Nevertheless, at around 18:00 on April 13, 2012, the Defendants issued 910,000 won in cash in return for the introduction of Defendant B from March 29, 2012 to April 10, 2012, to G who carried out a telephone election campaign, etc. at the above candidate’s election campaign office as a volunteer at the above candidate’s election campaign office (i.e., KRW 70,000 per day x 13 days).

Accordingly, the Defendants conspired to offer money and goods to volunteers in relation to the above election campaign.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Statement of each prosecutorial statement concerning G and D;

1. Question and answer (1st - G), literature and answer (2nd - G);

1. Investigation Report and Financial Transactions Verification Results - From A account

4. 13. 15:27 15:27 10,000 won in cash), agricultural cooperatives’ replies, and details of transactions (A account);

13. Withdrawal of cash in the amount of KRW 10 million around 15:27;

1. Investigation report (Additional Confirmation of A Telephone Number), and extracted outputs from telephone calls (the telephone conversations between A and volunteers);

1. Details of deposits and withdrawals in G deposit accounts;

1. A copy of the report on the appointment of the election campaign workers and the list of volunteers;

1. Application of Acts and subordinate statutes to a report on the exhaustion of election laws;

1. Relevant Articles and 230 (1) 4 and 135 (3) of the Public Official Election Act and Article 30 of the Criminal Act apply to the Defendants in relation to criminal facts;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument G is that there is no money or goods from the Defendants in relation to the election campaign for the candidate D, but there is a hostile relationship with the Defendant B.