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(영문) 창원지방법원 밀양지원 2018.08.24 2018고합25

공직선거법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

No one shall make, or have another make contributions to, a candidate (including a person who intends to become a candidate) or political party to which he belongs in connection with an election.

In such cases, making contributions by disclosing the name of the candidate or political party to which he belongs, or in such a manner that the candidate or the political party to which he belongs is presumed to make contributions, shall be considered as contributions for the candidate or political party in connection with the election.

Defendant

A is the head of the Gyeongnam C Village Lee, the head of the D Council for the Long-Term Group (hereinafter referred to as the "Council"), and Defendant B is the head of the E Village Lee.

F and G are members of the H Council [I constituency] at the 7th simultaneous local elections held on June 13, 2018 and held on June 13, 2018.

1. On July 18, 2017, Defendant A gave KRW 300,000 in cash to B from the Defendant’s home located in the Republic of Korea (J) around 18, 2017, and, in the name of F, gave up KRW 100,000 from July 24, 2017 to July 29, 2017, Defendant A supported for overseas travel in Vietnam and Cambodia’s name.

Accordingly, the defendant made contributions to F for the purpose of becoming a candidate for the 7th simultaneous local elections.

2. Defendant B, at around July 23, 2017, prepared expenses for overseas travel of Vietnam and Cambodia conducted by the Council from July 24, 2017 to July 29, 2017 at the Defendant’s home located in Chungcheongnam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-Nam-nam, and offered 100,000 won in cash to the joint expenses, and subsequently, he agreed that G would have provided the said money to the members of the Council.

Accordingly, the defendant made contributions to the 7th time of simultaneous local elections for the purpose of G to become a candidate for the national simultaneous local elections.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution against the F;

1. Question and answer (G);

1. Protocol and list of seizure;

1. A written request for an investigation and a statement on the details of each investigation;

1. Each note, the details of the revenue and expenditure of training under this Chapter, the list of names D, the details of deposit transactions, and related constituency.