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(영문) 서울남부지방법원 2016.11.10 2016고합472

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

C was employed as a candidate for the E Party in the 20th National Assembly member Seoul Seoul constituency, which was implemented on April 13, 2016, and the Defendant was a volunteer of C candidate election campaign.

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

1. On March 30, 2016, the Defendant, at a restaurant located in Seoul, “G” located in Seoul F, made 10 participants, including electorate H, the electorate, enter the seat of the seat, and made C candidates enter the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of

2. Around April 1, 2016, the Defendant settled a 147,000 won sum of 147,000 won, which was provided to 10 electors, on behalf of the electorate candidates, in the same manner as described in paragraph 1, at the above cafeteria, by the Defendant’s credit card.

3. On April 5, 2016, the Defendant settled a total of 88,000 won provided to 8 participants, including electorates, on behalf of the electorates, in the same manner as described in paragraph 1, at the “J” restaurant located in Seoul Special Metropolitan City, by using the Defendant’s credit card.

Accordingly, the defendant made a contribution act for the candidate C in relation to the election of the 20th National Assembly member.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on K, L, A, M, N,O, and P;

5. Requests by persons attending a group of meals, such as photographs, J copies of sales slips, and the details of use of national cards;

1. Application of Acts and subordinate statutes to report internal investigation and internal investigation reports;

1. Relevant laws concerning facts constituting an offense, Articles 257(1)1 and 115 of the Public Official Election Act, and the choice of each fine for negligence (including a fake).

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is the largest penalty, shall be imposed on the violation of the Public Official Election Act due to a contribution act made on April 1, 2016.