Housing Suwon-si, Housing Suwon-si

Permanent address Suwon-si, Suwon-si

Attorney Lee Dong-sung

Defendant shall be punished by a fine of KRW 1,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period converted by 50,000 won into one day.

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

A. The defendant's assertion that failure to pay taxes by the defendant, etc. was caused by the mistake of the election campaign manager who prepared the election campaign bulletin on behalf of the defendant among the open data on candidates of election campaign bulletin (the allegation of innocence in the judgment of the court below) is persuasive, the defendant intentionally takes care of the property status of lineal ascendants and descendants among the open data on candidates, unlike the statement of "written report on the property of the candidate for election campaign", but the court below erred by misapprehending the defendant's intention and omitting the total amount of the property of lineal ascendants and descendants in violation of the rules of evidence.

B. The judgment of the court below on the conviction of an unreasonable sentencing

In light of the various sentencing conditions in this case, the sentencing of the court below (the fine of KRW 800,000) which sentenced the defendant to a punishment of less than one million against the defendant in light of the various sentencing conditions in this case, such as the fact that the defendant intentionally did not publish the past arrears in the election campaign bulletin, and that the amount exceeds 40 million won, and that the crime is poor and that his mistake is not divided.

2. Judgment of party members

A. In full view of the evidence duly adopted and examined by the lower court, the lower court’s determination that (1) the Defendant’s (parent) 1, 26, 957, and 00 won in the name of the Defendant’s mother, and (2) 2, (19, 653, and 00 won in the name of 7,00 won in the name of 5,00 won in the name of the public official, and that the Defendant did not enter the information disclosure of the candidate’s property in the aggregate of 72,975,00 won in the name of the public official and 7,00 won in the name of the public official and 5,000 won in the name of the public official and 7,000 won in the name of 5,00 won in the name of the public official and 5,000 won in the name of the public official and 7,000 won in the name of the public official and 5,000 won in the name of the public official.

B. Ground of unfair sentencing

The crime of this case requires strict punishment regardless of whether the Defendant had the intention of prior planning to conceal the failure to pay taxes in order to ensure the fairness of the election through the prevention of provision of false information to voters, in view of the fact that the Defendant released the Defendant as a candidate in the election campaign bulletin as a member of Suwon City/Do Council at the fourth local election, and the fact that the Defendant did not publish the details about the result of delinquency in payment, which is a part of the open data on candidates, in the election campaign bulletin. In view of the fact that the right holder has obtained information about the candidate through the election campaign bulletin before the election campaign bulletin, the amount of tax payment is one of the important factors in selecting the candidate. In light of the fact that the right holder who is in charge of voting obtains information about the candidate through the election campaign bulletin prior to the election campaign bulletin, the Defendant and his mother’s mother’s total amount of arrears amounting to 45,502,00 won in the election campaign bulletin and the sentencing conditions of Article 51 of the Criminal Act, including the Defendant’s age, character and character, occupation and career, etc.

3. Conclusion

Therefore, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court is the same as that of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

Articles 255(2)2 and 65(7) of the Public Official Election Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The acquittal portion

Of the facts charged in the instant case, the summary of violation of the Public Official Election Act due to non-publication in the column of the property status among the information disclosure data on candidates is as follows: (a) the Defendant, at the time of submission of the election campaign bulletin, did not have a lineal descendant of KRW 72,975,00 and KRW 72,975,00; and (b) on May 19, 2006, ○○○ printing office located in Suwon-si, Suwon-si, Seoul Special Metropolitan City, in the list of the open data on candidates’ information; and (c) on May 19, 2006, in the column of "property status of lineal ascendant" and "property status of lineal descendant (building)" in the column of "property status

The election campaign bulletin prepared and distributed the election campaign bulletin stating ", and did not publish part of the information disclosure data on candidates in the election campaign bulletin."

The above facts charged constitute a case where there is no proof of crime as seen earlier and thus should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as the court below found the defendant guilty of violating the Public Official Election Act as stated in the judgment of the court below which has a relation of commercial concurrent crimes, the above facts charged shall not be sentenced not to

It is so decided as per Disposition for the above reasons.

Judge Lee Jae-in

Judges Kim Tae-tae