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(영문) 창원지방법원 진주지원 2019.10.16 2019고단1044

공공단체등위탁선거에관한법률위반

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 Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a candidate D for the election of the CF head of a cooperative in the 2nd time of March 13, 2019, which was implemented on March 13, 2019, and Defendant B is an elector of the said cooperative as a member.

1. On March 10, 2019, at around 19:49, Defendant A posted a telephone to B at an irregular place, and called “D from the CF’s election. If the Defendant wishes to run an election, he/she will replace another member and request him/her to support D. He/she will send money at an oil value.” On the same day, the Defendant wired KRW 300,000 to B’s account at around 19:57.

Accordingly, the defendant provided money to the elector for the election campaign.

2. Defendant B received money for election campaign by receiving 300,000 won from A to E account under the name of the Defendant, as set forth in paragraph (1) of the same Article.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's statement concerning F, G, and H;

1. Application of Acts and subordinate statutes on account transactions;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 58 Subparag. 2 of the Act on Entrusted Elections by Public Organizations, Etc.; Selection of a fine

B. Defendant B: Article 58 Subparag. 3 and 1 of the Act on Entrusted Elections by Public Organizations, Etc.; Selection of fines

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendant B: proviso to Article 60 of the Act on Entrusted Elections by Public Organizations, etc.;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act