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(영문) 광주지방법원 순천지원 2019.07.18 2019고합74

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant intended to become a candidate for the 7th nationwide local election campaign B nationwide, which was implemented on June 13, 2018, but did not register a preliminary candidate.

1. A person who intends to become a candidate for a violation of a prohibition and restriction on contribution act shall not make a contribution to a person in the constituency concerned, or an institution, organization, or facility, or a person having relations with the electorate even if outside the constituency concerned, or an institution, organization, or facility;

Nevertheless, the Defendant provided Bana equivalent to KRW 59,850,00, around December 6, 2017, to the D Welfare Center in C, Bana equivalent to KRW 74,850, around January 9, 2018, Bana equivalent to KRW 89,850, around February 13, 2018, and Bana equivalent to KRW 67,350, around March 13, 2018, respectively.

As a result, the defendant made contributions to persons, institutions, organizations, and facilities in the election district concerned in relation to the election in which he/she wishes to be a candidate.

2. No person shall publish any false information about the place of birth, family relation, status, occupation, career, property, act or activity of a candidate, organization to which he/she belongs, support from a specific person or specific organization, etc. in favor of the candidate (including a person intending to become a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person elected

Although the Defendant did not register as a preliminary candidate in B market, he/she produced a name tag “B Preliminary Candidate A”, and then posted it on or around April 3, 2018 by affixing a photograph of the above name tag on the Internet Social Network Network Service (SNS) managed by the Defendant, and then posted it on or around April 18, 2018; ② for those who participated in the “G” event at the F Center located in E around April 19, 2018, those who participated in the “J” event at the I Center located in H around April 19, 2018, and for those who participated in the “M” event at the L Elementary School Games located in K around April 22, 2018.