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(영문) 창원지방법원 진주지원 2019.01.10 2018고합147

공직선거법위반

Text

Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A was a person who was an accountant in charge of E in the election of the local council members of the 7th local election of Dong-dong local council members, which was implemented on June 13, 2018, and Defendant B was a person who was an election campaign manager of the above E.

C Election Commission shall calculate and publicly announce the restricted amount of election expenses for the above constituency as 40,000,000 won on February 2, 2018, and any political party, candidate, election campaign manager, chief of the election campaign liaison office, person in charge of accounting, or assistant in financial affairs shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses publicly notified under the Public Official Election Act.

Nevertheless, from March 14, 2018 to June 25, 2018, Defendants spent election expenses equivalent to KRW 41,689,067 in total, including KRW 380,00 in fuel expenses for campaign speech vehicles, and KRW 9,620,00 in allowances for election campaign workers, and KRW 41,689,067 in relation to the above E election campaign.

As a result, the Defendants conspired to pay election expenses exceeding 1/200 of the restricted amount of election expenses publicly announced.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

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

1. A copy of a bankbook for political funds;

1. Copy of a report on revenue and expenditure of political funds;

1. Application of Acts and subordinate statutes to each investigation report (No. 8,15 No. 15)

1. Relevant Articles and 258 (1) 1 and 122 of the Public Official Election Act, and Article 30 of the Criminal Act, respectively;

1. Defendants in custody in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The range of punishment by law does not exceed 20 million won, respectively; and

2. The scope of recommending sentencing criteria according to the sentencing criteria is not set.

3.In order to prevent illegal elections and to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures.