공직선거법위반
The sentence against the accused shall be determined by a fine of one million won.
When the defendant does not pay the above fine.
Criminal facts
The defendant is a candidate D electoral officer who run for a by-election for National Assembly members B (Celections).
An election secretary of a candidate shall not make contributions to the election in question before the election period, and during the election period, for the candidate or the political party to which he belongs, regardless of whether it is an election.
Nevertheless, while the Defendant was on board the F advance polling station near the G Health Branch (G Health Branch), he misleads him as a advance polling witness who had been applied for from the above D, leading him to misunderstanding him as an advance polling witness who had been on board the F advance polling team’s work support group, leading him to the said team, leading him to the said team, leading him to the said team, and added 80,000 won for two-day allowances to 12 hours per day.
“ 80,000 won (the 8th 10,000 won) was delivered to I on the contrary.
Accordingly, the defendant made a contribution act for the candidate D during the election period.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written confirmation, written answer, and each CCTV photograph;
1. The defendant's defense counsel asserts to the effect that it is not a contribution act for the candidate, since he did not state what kind of candidate's election affairs at the time of delivering money and valuables.
However, Article 114(1) of the Public Official Election Act prohibits a contribution act during the election period regardless of whether it is related to the election in question, and whether the other party to the contribution is aware of the relation to the election does not affect the establishment of the crime of violation of the provision on the restriction on contribution act (see Supreme Court Decision 2017Do16596, Dec. 22, 2017, etc.). (B) According to the evidence mentioned above, it is also recognized that the defendant provided money to I and then mentioned D candidates or stated “D candidates, well-known,” before getting off from the above combined bid.
The above argument cannot be accepted.
Application of Statutes
1. Criminal facts;