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(영문) 대전지방법원 논산지원 2018.05.09 2017고합79

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 13, 2018, the Defendant, as the representative director of the incorporated farming association E having an office in Chungcheongnam-nam, offered 20 bicycles equivalent to the total market price of 3,000,000 won to the F Sports Association in charge of sports meets around 42 times around October 21, 2017, for the purpose of providing the relevant electoral citizens with sports meets, the Defendant, as the representative director of the incorporated farming association E having an office in Chungcheongnam-Nam-Nam, provided 20 bicycles equivalent to the total market price of 3,00,000,000 won.

As a result, the defendant was a candidate for the election of local council members and contributed to an organization with the people in the constituency concerned.

2. The Defendant violated the election campaign period, as described in paragraph (1), was able to become a candidate for the election of local council members, and the Defendant installed one advertising balloon and four banner indicating his position and name at the time and place listed in paragraph (1) and carried out an election campaign in a manner not prescribed in the Public Official Election Act prior to the election campaign period.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Certificates of questions and answers to N,O, P, and Q;

1. A written accusation of the F Election Management Commission;

1. The application of Acts and subordinate statutes on credit cards settlement results, such as bicycle photographs, advertising balloon photographs, placard photographs, advertising balloons, and places where placards are installed, photographs related to bicycle aid at the F military sports competition, records of the prevention of and control over the violation of each election law, photographs, the entire certificate of registered matters, and the transfer of gold accounts;

1. Article 257 (1) 1, Article 113 (1) (the fact of violation of restrictions on contributions and the selection of fines) and Article 254 (2) (the fact of violation of an election campaign period and the selection of fines) of the Act on the Election of Public Officials concerning the facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Article 50) of the Criminal Act, which provides for a violation of the Public Official Election Act due to a violation of a restriction on a heavier contribution act.