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(영문) 인천지방법원 부천지원 2019.01.11 2018고합240

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was elected by entering the B member’s “C” constituency (Ddong, EF Dong,G Dong, and H Dong) in the nationwide election of Dong local governments on June 6, 2014, and was enlisted by entering the B market to a candidate for B market at the national election of Dong local governments on June 13, 2018.

A National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person intending to become a candidate), and his/her spouse shall not make contributions to persons in the relevant constituency, institutions, organizations, or facilities, or persons, institutions, organizations, or facilities having relations with the electorate even if they are outside the relevant constituency.

Nevertheless, around July 22, 2014, the Defendant deposited KRW 50,000 in the L Union account (M) under the name of K, an operator of the online newspaper J (E) who resides in I, as a support fund, and thereafter made a contribution to K by providing a total of 80,000 won over 16 times in total, as shown in the attached list of crimes, from November 23, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of police officer with K;

1. Reports on internal investigation (a list of preliminary candidates, etc.), reports on internal investigation (a list of preliminary candidates, etc. submitted by a suspect A to the J Internet) and investigation reports (a confirmation of the relevant constituency in K);

1. Application of reply statutes to a request for inquiry as to whether an online newspaper (oil, free of charge) is registered;

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act (generality and choice of fines) concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Amount of a fine not exceeding 50,000 won to KRW 10,000,000 within the applicable sentences under law; and

2. The scope of recommendations on the sentencing criteria (the type of decisions) shall be limited to the basic area (the scope of decisions on the recommendation area and the scope of recommendations), the basic area of fines of one million won to five million won.

3. The defendant who was sentenced to sentence has committed the instant crime.