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(영문) 대구지방법원 상주지원 2015.03.13 2015고합6

공직선거법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay each of the above fines, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a member of E Council who was elected by going to be a candidate for E's election in the 6th election district of E's National Assembly member in the 6th election district of Dong-dong, which was implemented on June 4, 2014, and Defendant C is a member of E's Council member H who was elected by going to the above election district as a candidate, and Defendant B is a member of E's Council member who was elected by going to the above election district as a candidate.

A National Assembly member, local council member, head of local government, representative of a political party, candidate, and his/her spouse shall not make contributions to persons in the constituency concerned, or institutions, organizations, or facilities, or to persons having relations with electors even if they are outside the constituency concerned, or institutions, organizations, or facilities.

Nevertheless, at around July 26, 2014, Defendant A issued KRW 200,000 in cash to the above women’s general member L on the pretext of supporting money in the event of the above women’s meeting held by the above women’s meeting in the vicinity of the K clan Ma-dong hall located in J on July 26, 2014, and Defendant B and C delivered KRW 200,000 in cash to the women’s general member L for the purpose of holding the meeting on the same day, within the tourist bus that starts with the members of the women’s meeting in exchange for supporting money.

As a result, the Defendants made each contribution act to the local council members or their spouses located in the constituency concerned.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police protocol on H, I, L, M, N,O, P, and Q;

1. A report on internal investigation (limited to attachment, etc. of data from the sources of active duty service), and a report on internal investigation (limited to attachment of bankbook copies, etc.);

1. Application of Acts and subordinate statutes to the rules of the Korea clan Association, the list of members of the Korea clan Association, the list of members of the Korea clan Association, the report on the settlement of accounts of the Manobs Association in July Manobs Association, the copies of each account book, each statement of transactions of common deposits,

1. Article 257(1)1 and Article 113 of the Public Official Election Act concerning criminal facts and the selection of punishment.