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(영문) 전주지방법원 2016.11.25 2016고합130

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A operates F tourer Co., Ltd. in the former E, and Defendant B was a director of the greenhouse construction and construction business chain in the former E, and the Defendants became aware of each other in around 2013 at the time of regional I Chairperson.

Defendant

A introduced the proposal that Defendant B's ‘J candidates' did not open, and later dealt with the expenses, and agreed to create a meal site for the residents of the J candidates', and the Defendants provided the M-Gun electorate meals to the National Assembly members of the N Party belonging to the N Party, a preliminary candidate for the National Assembly members of the 20th National Assembly election, which is going to the KL and M election districts, and introduced the above J by having the electorate attend the above place and introduced the said J to the electorate and let the electorate take personnel affairs.

Accordingly, at around 19:00 on March 15, 2016, Defendant A gathered 26 residents, such as Q, who reside in M-Gun, and provided food to participants. Defendant B provided J to the above restaurant so that he/she can take personnel and appeal for support, and Defendant A settled food amounting to KRW 821,00 on credit.

As a result, the Defendants conspired to make a contribution to J as a preliminary candidate for the National Assembly member.

Summary of Evidence

1. Defendant A’s legal statement

1. Examination protocol of Defendant A by the prosecution;

1. Each police statement of R, S, T, U,V, and W;

1. Request for cooperation in business and current status of the election campaign workers employed by the candidateJ;

1. A report on the records of seizure, the list of seizure and the results of analysis of digital evidence;

1. Each internal investigation report and accompanying materials;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act and Article 30 of the Criminal Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant 1 of Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order.