공직선거법위반
Defendant shall be punished by a fine of KRW 900,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant was a person who was elected in the election of the 19th National Assembly member on April 11, 2012 as a member of D and was elected as a F candidate for the E constituency.
On March 2012, the Defendant was elected as F candidate for the said constituency through the intraparty competition. On March 3, 2012, the Defendant: (a) was willing to provide meals with I, J, etc., the F-related logs residing in H in the former North Korea-U.K. in order to assist in the election of G; and (b) used the relevant logs to provide G with opportunities to provide personnel management to I, J, etc.
Around March 23, 2012, the Defendant made a statement to the effect that G is “a defect like I and J, etc., residing in the above H” around March 25, 2012. At around 12:00 on March 25, 2012, G, who had found 9 persons, such as I and J, provided meals at the above K restaurant as I and J, provided personnel service, and paid 182,000 won at that place by credit card of the Defendant.
Accordingly, the defendant provided nine persons, such as I and J, with food equivalent to the market price of 182,00 won for G in relation to election.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of the witness L;
1. Each legal statement of a witness I, M and J;
1. Each prosecutor's protocol of statement concerning I and M;
1. Each police statement on G, N,O, P, Q, and R;
1. Written answers to J;
1. The application of Acts and subordinate statutes to each recording book and investigation report;
1. Relevant legal provisions and Articles 257 (1) 1 and 115 of the Public Official Election Act concerning facts constituting an offense;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case for sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order is that the defendant prepared a meal place in order for the defendant to take up the 19th National Assembly member election and to take personnel management of the G, a F candidate in the E constituency, to F-related party members, and made a contribution by paying the meal cost, and the act of donation under the Public Official Election Act should be done by free decision-making by an individual.