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(영문) 서울중앙지방법원 2017.12.08 2017고합1120

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Status and Presumption of the Defendant’s Status] The Defendant, a corporate president, was appointed as the “the 19th presidential candidate C support Council” at the National Assembly’s meeting around April 25, 2017, and was appointed as the “the co-chairperson of the Committee E Committee on the Election of the 19th presidential Election of the Korean Political Parties” on the same day.

D A political party, while holding a competition for the election of candidates for the 19th presidential election, decides to invite a competition electoral group (hereinafter referred to as “ electoral group”) in the country from February 15, 2017 to March 9, 2017 upon receipt of an application by documents, telephone, and the Internet for the election of candidates for the 19th presidential election as well as the members of the party, and the second electoral group from March 12, 2017 to March 21, 2017, intended to invite electors to vote at a polling station and AR voting, and the second electoral group from March 12, 2017 to March 21, 2017.

[2] A political party may not conduct a competition campaign in a manner other than that prescribed by the Act, such as installing a banner at an election campaign office or filing an appeal for support by a preliminary candidate, in a competition campaign in which the political party grants a right to vote to a party member and a person who is not a party member, by means other than those prescribed by the Act.

Nevertheless, around February 15, 2017, the Defendant: (a) held a board of directors at the corporate office located in GF G University located in Seoul, GF, and passed a resolution on the “Support for the 19th President President Election D Party C Election Candidate; and (b) notified the members of the Association of the contents of the resolution of the board of directors to the effect that “C candidate was determined to be appropriate for the President; and (c) requested the association members who agreed to participate in the competition in the D party competition and the recruitment of the c candidate support group.

On March 2017, the Defendant’s phone called to H (I) on March 2017 to verify “C candidate support”, and then to confirm “B ideology.”