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(영문) 광주지방법원 순천지원 2016.04.20 2015고단2636

공공단체등위탁선거에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a member of the C fisheries cooperative (hereinafter referred to as “C fisheries cooperative”) that was implemented on September 2, 2015, who was selected as a candidate No. 3 in the election of the head of the C fisheries cooperative (hereinafter referred to as “C fisheries cooperative”), and is a person supporting C.

No one shall offer money, goods, entertainment, etc. to an elector, etc. for the purpose of an election campaign, and conduct an election campaign in any way other than a candidate in connection with the election for the head of a C fisheries

Nevertheless, on August 2015, 2015, the Defendant found F (tentative name)’s house, a member of the Suhyup Cooperative, in South South E, and found F from the end of the house to “F,” and formed a name tag for D election campaign and one cash 50,000 won.

As a result, the Defendant provided F with cash 50,00 won to voters for the purpose of election campaign D, and carried out an election campaign for D even though it is not a candidate.

Summary of Evidence

The defendant asserts that the defendant's protocol of seizure of the prosecutor's report (C Suhyup Partnership's election day and report of confirmation of the result of election, result of execution of communication warrant) on the F (tentative name) of the prosecutor's protocol of seizure of the prosecutor's statement by the prosecutor's office against the defendant and G (DA) / [the defendant and the defense counsel hold 50,000 won to F and do not carry one name card.]

However, according to the above evidence and the circumstances leading up to the reversal of the statement by the defendant and G, etc., the defendant's assertion is difficult to believe, and the defendant's statement can be recognized as the fact that the defendant delivered F with cash of KRW 50,000,000, together with cash) to F] Article 58 subparagraph 1 (a) and Article 66 subparagraph 1, and Article 24 (a) of the Act on Entrusted Elections, including Public Organizations, etc., concerning the criminal facts subject to the applicable statutes, Article 40 and Article 50 (a crime of violation of the Act on Entrusted Elections, including Public Organizations, etc., concerning election campaign conducted by a person who is not a candidate) of the Commercial Act for the ordinary concurrent crimes under Articles 40 and 50 (a) of the same Act.