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(영문) 대전지방법원 2013.12.12 2013고합253

정치자금법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From August 2008, the Defendant had been in charge of accounting in D Political Party (hereinafter “D Political Party”) from May 7, 2013 to the present date, and served as the office chief and a person in charge of accounting at D Political Party (hereinafter “D Political Party”). From the 18th presidential election implemented on December 19, 2012, the Defendant served as a person in charge of accounting of the F candidate’s election campaign liaison office, Cheongnam-do election campaign liaison Office.

No one shall offer or express an intention to offer, or promise to offer, money, goods, or other benefits in connection with the election campaign regardless of the pretext, such as allowances, actual expenses, and compensation for volunteers, except for allowances and actual expenses for election campaign workers under the Public Official Election Act.

Nevertheless, on December 3, 2012, the Defendant transferred KRW 1,000,000 to the bank account under the name of H for expenses other than statutory allowances at the office of the D Party Do party located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, 201, to H who works as election workers in the election campaign liaison office of the 18th presidential election at the Do election liaison office of the D Party F candidate in relation to the 18th presidential election.

In addition, from around that time to December 21, 2012, the Defendant provided money and valuables in relation to election campaign by transferring the total amount of KRW 8,010,787 on seven occasions, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning I, J, K, L, M, N,O, H, and P;

1. Application of Acts and subordinate statutes to eachD party, the details of payment of actual expenses of persons engaged in the election affairs, such as persons engaged in the election affairs, actual expenses, election workers, etc., reports on appointment, dismissal and replacement of election workers, etc., and investigation reports (report attached to accounts with H and six persons other

1. Article 230 (1) 4 of the Public Official Election Act and Article 135 (3) of the Public Official Election Act (Selection of Fines) concerning facts constituting an offense;

1. Of concurrent crimes, entry of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Code No. 1 in the annual list of annexed crimes, which are the most severe penalty.