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(영문) 대구지방법원 안동지원 2014.10.23 2014고합54

공직선거법위반등

Text

A fine of KRW 1,500,000 shall be imposed on the crimes of KRW 1,50,000 in the judgment of the defendant as to the crimes of KRW 2 in the judgment of the court.

Reasons

Punishment of the crime

The defendant was a member of the Cparty D Si Council in Ansan-si, and a person who registered as a preliminary candidate in the E-election district at the time of the 6th nationwide local election at the same time (the preliminary candidate on May 12, 2014).

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

Nevertheless, at around 19:00 on March 30, 2014, the Defendant: (a) after the “H sports competition held on the same day,” from the General Affairs Department of Ansan-si I Women’s Republic of Korea, he received a proposal from the Defendant to provide meals with 15 persons, including J, etc. located in the relevant constituency; and (b) on April 22, 2014, the Defendant came to know that he did not pay the food cost of the above meal group, and (c) on April 22, 2014, the Defendant had K, a public official in charge of accounting of the Ansan-si City Council, pay the above food cost of KRW 190,00.

Accordingly, the defendant made a contribution act to a person in the constituency concerned.

2. The Defendant, like the foregoing 1., committed occupational breach of trust, in settling the meals of the I Women’s Meal Meeting, was unable to pay the food expenses incurred by private work at the City’s expense. However, on April 2014, the Defendant attempted to cause K, who is a public official in charge of accounting of the Igndong-si Police Association, to cause the settlement of accounts on credit to K, who is a public official in charge of accounting of the Igndong-si Police Association, to pay the above food expenses at the City’s expense.

Therefore, even if K, who is a person in charge of accounts of the Ansan-si Council, uses expenses for the operation of the Council, is not used for any purpose other than business promotion expenses by confirming the name and source of use, etc., the Defendant shall not use them for any purpose other than business promotion expenses. However, at around 12:58, Apr. 22, 2014, the Defendant violated his/her duties and shall be as mentioned

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