Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

The defendant was a candidate for the election of a member of the Gu in the election district of the 6th City/Do, Dong local election.

1. Violation of the Public Official Election Act;

(a) Violation of prohibition and restriction on contribution acts;

1) On March 31, 2014, the Defendant held a briefing session with six election campaigners A, etc. at the Defendant’s election campaign office located in Daejeon-gu, Daejeon-gu, and provided the above six persons with meals equivalent to KRW 36,00,00 in total at the 00 mar number of restaurants near the election campaign office.

2) On April 19, 2014, the Defendant held the ceremony of opening at the Defendant’s election campaign office on April 19, 2014, and provided 16 persons, including Party A, etc., who participated in the said ceremony, with the market price of 60,000 won purchased by the Defendant as meals.

(b) Provision of advance election campaigns and election campaigns;

From April 2, 2014 to April 16, 2014, the period during which the Defendant was prohibited from election campaign, the Defendant sent to B a list indicating the contact numbers of electorates in the election campaign office of the Defendant as indicated in the preceding paragraph, and called to this, the Defendant carried out an election campaign at this time, such as having B enter the office of Gu Council members in Jung-gu, Jung-gu, Culture, and Seocheon-dong, and provided B with KRW 80,000 in cash for that reason.

2. Violation of the Political Funds Act;

Any person who disburses election expenses in excess of 200,000 won shall do so by means of checks, credit cards, deposits in a deposit account, or by other means confirmed real names.

Nevertheless, on April 30, 2014, the Defendant offered 80,000 won to volunteers B for an election campaign and disbursed it in cash.

Summary of Evidence

1. The defendant's partial statement in court;

1. Legal statement of the witness B;

1. Each police statement made to A, etc.;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 257(1)1, 113(1)(including contributions and dates) of the Public Official Election Act, Articles 230(2) and (1)4, 135(3)(a) of the Public Official Election Act, Article 254(2)(a) of the Public Official Election Act, Articles 49(2)1 and 2(4)(a) of the Political Funds Act (a violation of the Political Funds Act)

1. Competition;

Articles 40 and 50 of the Criminal Act (the crimes of violating the Public Official Election Act due to the provision of money and valuables, between the crimes of violating the Political Funds Act, and the punishment on the crimes of violating the Public Official Election Act due to the provision of more severe money and valuables)

1. Selection of penalty;

Selection of each fine

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Limits to the extent that the sum of total amounts of punishments prescribed in the crime of violating the Public Official Election Act due to the provision of the most severe money and valuables) of the Criminal Act;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

[Defendant and defense counsel asserted that B only 80,000 won should be confirmed for the preparation for election campaign, and that it does not correspond to the advance election campaign or the price therefor. The following circumstances can be acknowledged by the court based on evidence duly adopted and examined: ① the defendant's telephone number from 200 to 250 per day is consistently confirmed through the phone number of the party at her bar, and the defendant stated that he/she was sent to the Gu, and that he/she did not know that his/her telephone number was well prepared for election campaign; ② his/her telephone service was not simply 80,000 won, but also 80,000 won, and that the defendant's election campaign was not prepared for election campaign. ② The defendant's act of using the phone number at her bar, and the defendant's act of using the phone number at her bar to verify whether it was possible to use the phone number at her bar or not, ③ The defendant's act of using the phone number at her bar.

Reasons for sentencing

1. The range of applicable sentences: Fines of 50,000 to 70,000 won; and

2. Application of the sentencing criteria;

A. Violation of the Public Official Election Act due to the provision of money and valuables (in relation to the basic crime, the violation of the Political Funds Act and the commercial competition, but the upper limit and the lower limit of the scope of sentence are the highest.)

[Scope of Recommendation Form 3 (General Purchase by Candidates, etc.)

[Special Mitigation] Provision or acceptance of minor money, goods, etc. for an election campaign at a cost or ex officio level

(b) Violation of the Public Official Election Act due to each contribution act;

[Scope of Recommendation] Violation of the Prohibition and Restriction on Contribution Act No. 1 (Contribution Act)

[Special Mitigation] Where money or valuables provided or benefits are extremely insignificant

C. Violation of the Public Official Election Act due to a violation of an election campaign period;

[Scope of Recommendation Form] Violation of the Election Campaign Period and Illegal Election Campaign Act (Violation of the Election Campaign Period) Form 1 (Violation of the Election Campaign Period) in the basic area ( a fine of 700,000 won to 1.5 million won)

(d) Final sentence scope due to the aggravation of multiple offenses: KRW 1.5 million to KRW 9.5 million;

3. Determination of sentence: Fine of two million won; and

Each of the crimes of this case is to provide KRW 80,000 for the defendant prior to the election campaign period, to the prospective election campaign-to-election campaign-to-be a total of KRW 96,00,00 for the defendant, and to the volunteers to conduct an election campaign by calling to the electorates in advance, and then to provide the electorates with KRW 80,000 as a consideration for such act. Such an act of the defendant infringes on the purpose of legislation of the Public Official Election Act to ensure equal opportunity among the candidates in order to ensure that the election is held fairly in accordance with the free will of the people and democratic procedures, and to prevent the excessive election due to influence on the right to vote, and even though the defendant seems to know that the violation of the election campaign can be at issue, it is necessary to strictly punish the defendant in light of the fact that the food provided to the prospective election campaign-to-bes is relatively small, and the cash provided to volunteers appears to have been paid at an order for compensation for actual expenses or at a normal level, taking into account the defendant’s age, motive, method and circumstances, etc.

Judges Kim Democratic

Judge Maximum-type Reserve