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(영문) 대구지방법원 안동지원 2018.11.08 2018고합29

공직선거법위반

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, around October 4, 2014, and around July 25, 2015, and around November 2015, respectively.

Reasons

Punishment of the crime

The Defendant is a person who, while operating a place of business in Ansan-si B using food wastes, etc. with the name of “C”, wishes to run for simultaneous local elections of members of the National Assembly on June 13, 2018.

A person who intends to become a candidate for a local council member shall not make a contribution to a person in the relevant constituency, an institution, organization, or facility, or a person who has relations with a resident in the constituency, or an institution, organization, or facility outside the relevant Gu, even if such person is allowed, and no person shall promise, direct, recommend, or demand the contribution act.

Nevertheless, on April 23, 2016, the Defendant offered to the Dong branch of F School that takes charge of the above sports event in the F School, which was held in Ansan-si, the term “G,” stating that the term “F School's total alumni sports competition, the first class retirement expenses (50 circulation), and the direct receipt by July 31, 201, and H Representative A” (the market price of 1750,000 won (50 circulation)) was written, to the Dong branch of F School, which takes charge of the above sports event, and the F School branch distributed the above road tickets to the election district residents and the persons who have relations with the election district residents who participated in the event.

As a result, the Defendant made a contribution to the electoral citizens and persons and organizations related to the electoral residents and the electoral residents, and made a contribution amounting to 38,975,070 won in total over 28 times during the period from April 23, 2016 to January 3, 2018, as shown in the list of crimes 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J, K and L;

1. Some of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Part of each prosecutor's statement protocol on M, N,O, P, and Q, R, S, T, U,V, W, and X;

1. Written confirmations Y and S;

1. Some of the defendant's written answers;

1. Accusation against a violation of the Public Official Election Act;

1. The investigation report (report attached to the report of resignation from the Z political party), the investigation report (report on output in the form of movement), and the investigation report (right of movement).