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(영문) 대전지방법원 홍성지원 2019.01.22 2018고합53

무고등

Text

A person shall be punished by imprisonment with prison labor for not less than six months for a crime of No. 2 in the judgment of the defendant, and imprisonment with prison labor for not more than six months.

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in Chungcheongnam-Nam.

A victim D declared that he/she will resume to E/Gun election on March 8, 2018 while he/she was elected and held as E/Gun on June 4, 2014 at the 6th nationwide local election, which was implemented on June 4, 2014, and registered as a candidate on May 25, 2018 and again elected as E/Gun from the 7th national local election on June 13, 2018 implemented on June 13, 2018.

In 2007 and 2011, the Defendant submitted a business plan to operate a general waste disposal business to E group twice, but received improper notification, respectively, and filed an administrative lawsuit seeking cancellation of the above improper notification disposition, but all of the Supreme Court lost the judgment.

In October 2014 and June 2015, after the victim was elected as E-Gun, the defendant submitted a business plan to run the final waste disposal business to E-Gun again, but has received repeated notification of improper matters, and the judgment of loss was finalized by the Supreme Court on January 2018.

The defendant had the mind that the victim was able to help the victim to carry out his business desired, and that the victim was unable to be elected as E Gun in the 7th nationwide local election.

1. In March 2018, the Defendant: (a) prepared a false accusation at the F Law Firm G Office located in the Hasan-si, Hasan-si, the Defendant received KRW 7 million of the illegal election fund from the accuser on or around May 2014, in response to the solicitation related to waste business permission, which was going out of the election for the Gun of E-Gun; and (b) submitted the above accusation to the prosecutor’s office at the request of the public service office of the Daejeon Hongsung-gun, Hongsung-gun, the Daejeon District public prosecutor’s office located in the Hongsung-gun, the Daejeon District public prosecutor’s office at the Daejeon District public prosecutor’s office located in the Hongsung-gun, the Daejeon District

However, there was no fact that D received election funds from the defendant.

Defendant, along with H, shall pay KRW 7 million for election funds to D through I.