공직선거법위반
Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.
The above fine is imposed against the Defendants.
Punishment of the crime
Defendant
A is the Chairperson of the F Party G party members Council, who was released as a candidate to the head of the Gu of Dong-dong Local Election H on June 4, 2014, and Defendant B was the head of the F Party G party members Council.
A member of the National Assembly, member of local council, head of local government, head of political party, candidate (including a person intending to become a candidate) and his spouse shall not make contributions to a candidate (including a person intending to become a candidate) or political party to which he belongs, or an institution, organization or facilities, or a person having relations with the electorate even though they are outside the constituency concerned, and no one shall make contributions to, or have another make contributions to, the candidate (
1. On February 14:30 on February 27, 2014, the Defendants conspired to make contributions to I and provided 1 boxes for the improvement of functions between 800,000 won and the market price of 40 persons to I at the K Diplomatic Association located in Seoul J, and Defendant A as a candidate of the head of the Gu, and Defendant B made contributions for Defendant A.
2. A around 16:00 on February 27, 2014, Defendant A instructed Defendant B to the effect that “I will deliver one L box to the N branch pastor.” Defendant B provided one box for the improvement of inter-functional functions at a market price of at least 800,000 won before the N branch of the N branch located in SeoulO, and Defendant B conspired with the Defendants to make a contribution as above.
Summary of Evidence
1. Defendant A’s partial statement, Defendant B’s legal statement
1. Statement made by prosecution against M;
1. Application of Acts and subordinate statutes on police statements to I and P;
1. Relevant provisions of the Act on the Punishment of Criminal Crimes and subparagraph A of a sentence: Articles 257 (1) 1 and 113 (1) of the Public Official Election Act, and Article 30 of the Criminal Act (Selection of Fine): Defendant B: Articles 257 (1) 1 and 115 of the Public Official Election Act, and Article 30 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;