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(영문) 창원지방법원 2013.11.28 2013고합135

공직선거법위반

Text

Defendant

A A The fines of fine of KRW 3,000,000, the fines of KRW 2,000,000, and the fines of KRW 1,000,00 shall apply to Defendant B, respectively.

Reasons

Criminal facts

Defendant

A is the person in charge of the I Headquarters Kim Sea area of the candidate H of the G candidate who runs for the 18th presidential election as the vice-chairperson of the G party Do party, G party, and Defendant B is a member of the G party, and Defendant B is a special agricultural and fishery finance measure committee of H candidate as a member of the G party, and Defendant C is a member of the J organization, the support group of H candidate

1. Defendant A or B shall not make, or have another make, a contribution to an election for a candidate or a political party to which he belongs, and no one shall distribute any printed matters, etc. including the contents supporting, recommending, or opposing a political party or a candidate, unless prescribed by the Public Official Election Act, in order to influence the election from 180 days before the election day to the election day, and no one shall make an election campaign excluding the methods prescribed by the Public Official Election Act before

Nevertheless, at around 16:00 on November 22, 2012, Defendant A and B conspired to make a contribution act for the H candidate who was candidate for the 18th presidential election by providing approximately 30 participants attending the “L” located in the Kimhae-si on the 16:00 on the 18th presidential election by providing the 35,00 won of the market price where the name, route, etc. of G party is marked (a total of the market price of approximately 1,050,000 won).

In addition, Defendant A distributed promotional materials for the G party policy and promotional printed materials supporting the H candidate under the title of “F” that is not under the Public Official Election Act to the persons attending the above gathering, and, in holding the above gathering, Defendant A instructed the participants to answer to the “H” for the attendance at the meeting, thereby leading the participants to make a statement leading the H candidate to support the H candidate through personnel or personal history.

As a result, Defendant A and B conspired to make a contribution act for H candidates, Defendant A made the said contribution act, and distributed the above public relations printed materials to influence the election at the same time.

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