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(영문) 서울남부지방법원 2019.05.16 2018고합548

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who was a 9th City Council member (C constituency) from July 1, 2014 to March 27, 2018.

A National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person intending to become a candidate), and his/her spouse shall not make contributions to persons in the constituency concerned, or institutions, organizations, or facilities, or persons having relations with the electorate even if they are outside the constituency concerned, or institutions, organizations, or facilities.

Nevertheless, around January 19, 2018, when the Defendant was in office as B, the Defendant participated in the meeting of the Fows Association held at the E restaurant, and granted KRW 100,000 to G, who is the general secretary of the Fows Association, under the pretext of supporting money.

Accordingly, the defendant, as a member of the City Council, made contributions to the organizations located in the constituency concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Determination as to the defendant and his/her defense counsel's assertion, such as a list of Fvokings, a copy of accounting books (A Si Council assistance, etc.), and Apropys (B City Internet website)

1. The summary of the Defendant’s and the defense counsel’s assertion is 100,000 won which the Defendant delivered to G, not the supporting money, but the membership fee for five months at a meeting of the Fright Society.

2. In full view of the following facts acknowledged by the evidence adopted and examined by the court below and the circumstances that can be inferred therefrom, it can be recognized that the defendant's 100,000 won delivered to G is not a five-month membership fee, but a three-month membership fee, and the defendant's act of paying supporting money constitutes a contribution act under the Public Official Election Act.

1. The Fro-friendly association (hereinafter referred to as the “instant organization”) has a meeting in which members provide meals every month to Fro-friendly organizations of Fro-friendly persons residing in J, etc. and their neighbors.

Members of the instant organization are not regularly paying membership fees, but only members present at the meeting for the settlement of meal costs.

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