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(영문) 광주지방법원 해남지원 2019.01.23 2018고합40

공직선거법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 900,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B was elected on June 13, 2018 at the 7th election district of Dong-dong Local Election C, which was implemented on June 13, 2018, as a candidate for E Party, and Defendant A is the person in charge of accounting of Defendant B.

1. No person in charge of accounting of the election expenses shall make a false entry, forge, alter, or omit the accounting report for the election expenses without justifiable grounds;

Nevertheless, the Defendants filed a false report on election expenses, such as submitting a copy of the IC (Account Number:J) account in the name of Defendant B and a tax invoice in H, in the name of Defendant B, even though the Defendants paid KRW 6,220,800 to H, when making an accounting report on the election expenses of Defendant B on July 13, 2018, as if they were returned KRW 3,153,600 on June 15, 2018.

As a result, Defendants conspired to make false statements about the accounting report for election expenses without any justifiable reason.

2. Defendant A’s crime;

(a) A political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses announced publicly pursuant to the Public Official Election Act;

Nevertheless, from April 24, 2018 to June 13, 2018, the Defendant stated the indictment of KRW 43,204,896 in the total of KRW 43,204,86,00,000, election expenses, such as KRW 6,220,80,00 for the production of election campaign office signboards, at the election campaign office B located in South Korea, from around April 24, 2018 to June 13, 2018 as “42,204,866,” but according to the evidence submitted by the prosecutor, the sum of election expenses paid by the Defendant A (i.e., KRW 36,456,96, and KRW 36,456,996, and the amount of false return related to [Attachment 2] 2,984,300, and (ii) the amount of false return related to [Attachment 3] 6,100,000,00.

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