공직선거법위반
Defendant
A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.
The Defendants respectively.
Punishment of the crime
Defendant
A is a person who has fallen out of the 7th election of members of Dong-dong Local Election C, which was implemented on June 13, 2018, and Defendant B was a volunteer for Defendant A.
1. No candidate A shall offer, express an intention to offer, or promise to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext thereof, such as allowances, actual expenses, other compensation for volunteer services, etc., except where he/she provides allowances, actual expenses, or other benefits under the Public Official Election Act;
Nevertheless, on June 14, 2018, the Defendant transferred KRW 910,00 to the D account in the name of B, and again remitted KRW 1 million to the same account on June 22, 2018, on the ground that B selected eight election campaign workers and introduced them and carried out an election campaign, such as the distribution of name cards.
As a candidate, the defendant provided money in relation to the election campaign as a candidate.
2. No one shall receive money, valuables, or other benefits in connection with an election campaign regardless of the pretext such as allowances, actual expenses, compensation for volunteers, etc. in violation of Article 135 (3) of the Public Official Election Act, or accept an offer of such benefits;
Nevertheless, the Defendant received a total of KRW 1,910,00 from A two times at the same time and place as in paragraph (1).
Accordingly, the Defendant received money and valuables in relation to the election campaign.
Summary of Evidence
1. Defendants’ partial statement
1. Each written answer prepared by the C election Commission to the Defendants
1. A copy of the details of each bankbook, election campaign manager, etc., payment statements of allowances and actual expenses for persons engaged in election affairs, reports held concurrently by the person in charge of accounting, reports on the property of candidates, B movement routes, details of transactions, and each A and B record
1. Investigation reports (reports on the details of currency and the results of the confirmation of the base station), investigation reports, seizure and search warrants, enforcement No. 2018-10197.