공직선거법위반
Defendant
A shall be punished by a fine for negligence of KRW 700,00, and by a fine of KRW 1,000,000.
The above fine is imposed against the Defendants.
Punishment of the crime
No one shall conduct an election campaign except as prescribed by the Public Official Election Act prior to the election campaign period, and make a contribution act for a candidate (including a person who intends to become a candidate) with respect to an election.
Defendant
A around September 2012, 2012, around the Gyeongnam-do Special Election for the Do Governor to become a candidate for the Do Governor's Special Election for the Do Governor, and Defendant B, who was known to the general public, shared the lives of the residents in the private areas.
Accordingly, Defendant B told 7 residents of Sacheon-si, including F, that “D Gun E is a personnel car for the Do Governor's departure, and seven persons, such as F, were gathered at the G restaurant in Sacheon-si on September 18, 2012.”
The Defendants allowed E to take a floor with seven persons such as the above F and to speak to the effect that they request support from the Do governor by the special election. Defendant B provided the above participants with meals equivalent to KRW 174,000 by paying meals and liquor costs to H, who is the head of the above restaurant.
As a result, Defendants conspired to conduct an election campaign in a way other than that prescribed in the Public Official Election Act before the election campaign period, and Defendant B made a contribution act for a person who wishes to be a candidate at the same time.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of each police statement to F and E;
1. Each certification of H, I, J, K, L, M, N,O, and P;
1. A criminal report (Attachment of additional materials to cases of accusation);
1. Application of Acts and subordinate statutes to the charge book, investigation report, call answer to I, confirmation of Q, current status of participants in a meeting;
1. Article applicable to criminal facts;
A. Defendant A: Article 254(2) of the Public Official Election Act; Article 30 of the Criminal Act
B. Defendant B: Article 254(2) of the Public Official Election Act, Article 30 of the Criminal Act, Article 257(1)1 of the Public Official Election Act, and Article 115 (a) of the Public Official Election Act.