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(영문) 광주지방법원 2014.11.21 2014고합438

공직선거법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the Chairperson of the former D Party E, and Defendant B is the head of youth department of the same party E, and people who support the G elected by going to the election of the F Do Governor of the nationwide provincial election conducted on June 4, 2014.

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

On March 2, 2014, the Defendants knew that G support from H was holding a publishing commemorative meeting at the I University Sports Center located in H, and agreed to call for a memorial member to participate in the event together, and Defendant A requested Defendant B, on March 1, 2014, to collect vehicle rental fees and meal expenses from the bus to be boarded at the time of moving to the publishing commemorative meeting, and Defendant B produced funds upon such request.

On March 2, 2014, at around 13:00, the Defendants: (a) boarded a P bus driven by the O with total of 32 electors, including L, M, and N, who are residents of K in the Jart parking lot located in E, and moved to the head of G Publication commemorative group; and (b) collected some of the expenses incurred in return to the participants, stating that “the amount of expenses that can be paid as a result of violating the Election Act is possible.” (c) Defendant A collected KRW 150,000, and Defendant B collected KRW 200,000, respectively.

After all, Defendant A provided 150,000 won exceeding 119,000 won in comparison with 31,000 won for each capita (1,070,000 won in total - 15,000 won in unused balance excluding meal expenses and bus expenses) ± 34) and Defendant B provided 200,000 won in excess of 169,000 won in total, and 200,000 won in excess of 169,000 won in total.

As a result, Defendant A provides the electorate with transportation and food equivalent to 119,000 won in relation to the election, and Defendant B provides transportation and food equivalent to 169,000 won.