beta
(영문) 춘천지방법원 영월지원 2014.08.27 2014고합29

공직선거법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of E Co., Ltd. in Gangwon D.

On February 23, 2014, from around 13:54 to 13:56 of the same day, the Defendant returned to the village hall of J, etc. through phone from the I to the person who intends to become a candidate for H-Gun in the G golf course located in the original city of the Republic of Korea from the 13:54th day to the 13:56th day of the same day, while engaging in volunteer activities for the elderly who are the electorate of the J-Gun, and requested the I to provide volunteer activities expenses, the Chairperson of the K organization received contact contact with L, which is the one of the J-Gun electorates, and then called L and the next day on the 13:57 day.

At around 17:00 on February 24, 2014, the Defendant issued KRW 1 million in cash to L, who read as “I have personal ties with the head of Gun. It is a good and good fluent part.” This is a part of fluent and good fluent part. It also differs from this election.”

Accordingly, the defendant delivered money to L who is the electorate for the first person who intends to be a H head of the 6th simultaneous local election.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made by the defendant and I in the suspect examination protocol of each prosecution against I;

1. Each prosecutor's protocol of statement concerningO and P;

1. Some statements made by each prosecutor's office on Q, R, S, T, and L;

1. Some statements made by the police involved in R, Q, S, and L;

1. Each written answer from L, U, S, Q, and I;

1. Police seizure records;

1. The application of three-party telephone details, data on arranging the details of telephone calls, detailed statement of telephone calls, written confirmations of data, recording records and other Acts and subordinate statutes;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. Violation of the prohibition of and restriction on the act of contribution to an election shall be limited to the scope of recommendation according to the sentencing criteria.