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(영문) 청주지방법원 2016.07.15 2016고합96

공직선거법위반

Text

Defendants shall be punished by imprisonment for ten months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person with no certain occupation, Defendant B is a person engaged in printing business, and F is a person who applied for the recruitment of proportional representative members of G political party in relation to the 20th National Assembly member election implemented on April 13, 2016, but failed.

In relation to the 20th total election, the Defendants recruited F with F to recruit party members in a manner that, in recruiting party members responsible for supporting F in order to benefit the F in favor of F at the competition and election of a political party G party, the Defendants received the payment for party membership fees and activity expenses from F, and paid 30,000 won per one party member of the party membership fees from May 2015 to six months.

1. No one who receives party membership fees and activity expenses shall receive contributions from the National Assembly members, local council members, the heads of local organizations, the representatives of political parties, candidates (including those who intend to become candidates) and their guests with respect to an election;

On May 2015, the Defendants conspired to receive KRW 4 million in cash from F in the office of the I building of the I building located in the Cheongju-si, Cheongju-si as well as KRW 58,200,000 from around that time to November 15, 2015, for the purpose of preserving party membership fees and covering expenses for activities, as shown in the [Attachment] list of crimes” from around the day to around November 2015.

Accordingly, the Defendants conspired to make contributions.

2. No one shall make, or have another make, a contribution to a candidate (including a person intending to become a candidate) or any political party to which he belongs in connection with an election;

From May 2015 to August 2015, the Defendants conspired to invite members to J, K, L, M, N, andO for the above F at the Council members of the Cheongju-si petition, and paid KRW 31,70,000,000 as a total of the amounts for the preservation of party membership fees and activity expenses.

Accordingly, the Defendants conspired to make contributions for the above F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendants.