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(영문) 부산고등법원 (창원) 2015.05.11 2015노78

공직선거법위반등

Text

The judgment below

We reverse the guilty part of the defendant A.

Defendant

A shall be punished by a fine of KRW 4,000,000.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. As to the first paragraph of the judgment of misunderstanding of facts and misunderstanding of legal principles (Defendant A), Defendant A did not have ordered H to work at an election campaign office. However, H merely intended Defendant A to voluntarily engage in an election campaign, or worked as Defendant A’s election campaign manager from May 19, 201 to May 24, 2014 with P’s instructions, with the first view to the election reward, or was working as Defendant A’s election campaign manager for six days from May 19, 2014. However, the lower court found Defendant guilty of this part of the facts charged, so it erred by misapprehending the legal doctrine on the act of using the status of the company or by

B) Regarding subparagraph 1(c)(e) of the holding, Defendant A reported that election expenses of KRW 42,50,207 were to be paid to election commission on June 25, 2014, and the additional expenditure, except for the reported expenses, are not election expenses, as the amount individually lent to L on June 19, 2014. ② Defendant A paid KRW 2,340,000 to Defendant B on June 9, 2014, but received a return of KRW 7,40,000,000 excluding the first promised amount of KRW 1,60,000,000 from KRW 42,550,50,207, and KRW 2,500,000 from KRW 2,50,000,000, KRW 2,500,000 from each of the Defendant’s benefits returned to Defendant B on April 11, 2014 and KRW 2,504,0061.

B. The prosecutor defendant A.