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(영문) 서울중앙지방법원 2019.01.17 2018고합1145

공직선거법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 13, 2018, the defendant went to the election of the 7th City/Si/Gun/Gu council members of the Dong City/Si/Gun constituency B/Gu constituency, as a candidate for a D party.

A dead person is a person who has fallen.

1. No candidate, accountant in charge, etc. who has made an excessive disbursement of election expenses shall disburse the election expenses in excess of 1/200 of the restricted amount of election expenses;

B The restricted amount of election expenses for the Gu constituency C is 41,00,000 won.

Nevertheless, the Defendant spent 47,979,385 won as election expenses from May 2018 to June 201.

As a candidate, the Defendant spent the restricted amount of election expenses exceeding 6,979,385 won (as a candidate, exceeding 17%).

2. Except for cases where allowances, actual expenses, and other benefits are provided to volunteers under the Public Official Election Act, no person shall provide any money, valuables, or other benefits in connection with election campaigns, regardless of the pretext thereof, such as allowances, actual expenses, other compensation for volunteer services, etc.

Nevertheless, on June 14, 2018, the Defendant paid 910,000 won to E volunteers who carried out an election campaign without reporting as a person engaged in the election campaign by account transfer in return for the election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of F by prosecution;

1. The prosecutor's statement concerning G;

1. Application of the B-Gu Election Commission’s written accusation and each attached document (Evidence List No. 2-21) statute;

1. Relevant Article 258 (1) 1, and Article 122 of the Public Official Election Act concerning facts constituting an offense, and Articles 230 (1) 4 and 135 (3) of the Public Official Election Act (the provision of money or goods related to election campaign and the selection of fines);

1. From among concurrent crimes, the provision of money or goods related to election campaigns with heavier punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act;