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(영문) 대구지방법원 영덕지원 2019.07.10 2019고단59

공공단체등위탁선거에관한법률위반

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1. Defendant A shall be punished by a fine of 3,00,000 won, and Defendant B shall be punished by a fine of 4,000,000 won.

2. The defendants are above.

Reasons

Punishment of the crime

Defendants are the voters of the above election, who supported D, a candidate for C of the National Partnership Head of the 2nd National Partnership Election, which was implemented on March 13, 2019.

No one shall provide, or be provided with, money, goods, entertainment, other property benefits or public or private positions to an elector, his/her family member, or an institution, organization, or facility established and operated by the elector, his/her family member, or his/her family member, for an election campaign

1. At around 18:00 on March 8, 2019, Defendant A told Defendant A to “D Do” at the head of Defendant A’s house located in Chungcheongnam-gun, Chungcheongnam-do, U.S., and said, Defendant B said, “I am Do” and again, Defendant A said, “I am Doe’s Doe’s Doe, but I am Doe’s Doe’s Doe, but I am Doe’s Doe’s Doe.”

Accordingly, Defendant A provided money to the elector for the purpose of election campaign.

2. Defendant B

A. Defendant B received KRW 200,000 in cash upon Defendant A’s request for support at the date, time, and place specified in paragraph (1).

B. On March 9, 2019, Defendant B sent KRW 200,000 in cash received from Defendant A at the house of G located in the Republic of Korea, 09:30 on March 9, 2019, stating that “D is a good person in the Republic of Korea, and is different from what he knows,” and that “D is a good person in the Republic of Korea,” to G.

As a result, Defendant B received money for the purpose of an election campaign and provided money to the elector.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement concerning G;

1. A written accusation;

1. Investigative report (in case of a suspect's acquisition of money from another person, delivery of money to the informant, confirmation of the circumstances, attachment of recording, elector's identity);

1. Application of the existing Acts and subordinate statutes of KRW 200,000 (Evidence 1) confiscated in cash;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 58 subparagraph 1 of the Act on Entrusted Elections by Public Organizations, etc. (Selection of Fines);

B. Defendant B: