206Gohap158 Violation of the Public Official Election Act

OO(61-1) and Council members of the Gwangju City Council

Gwangju Residence

Permanent domicile Gwangju

Kim Yoon-Jon

Attorney Lee Jong-hee, Kim Yang-yang

September 6, 2006

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Criminal History Office

The defendant was elected from May 31, 2006 at the fourth regional election of Dong-si, Gwangju Metropolitan City as the candidate for Seoul Metropolitan City Council member of Gwangju Metropolitan City in the fourth regional election of Dong-si, which was implemented on May 31, 2006, and was engaged in the business of employment of employees, labor management related to employed workers, etc., while working as the vice president of Gu-gu, Gwangju Metropolitan City, Gwangju Metropolitan City. A person is prohibited from engaging in an election campaign for its members by taking advantage of a direct and free act within the organization of a professional institution, organization, etc., and even though he/she was unable to make a contribution act to the electorate or election Gu resident and a person related to him/her, he/she shall not be allowed to make an election campaign for the members, and from around 12:30 to 13:30 from the 12:30 of November 2005 to the 13:30-dong, Seo-gu, Gwangju Metropolitan City.

The above assistant members were gathered on the ground that they encourage 23 trillion won, including the promotion of B Article 2 of the ELS TUE, and they want to go out to the local election for the candidates of Gwangju Metropolitan City Council members in the Southern-gu constituency. At present, during the year to be in charge of the chairman of the Si Council, I want to go to the chairman when elected to the City Council members. At the same time, 50 members of the Si Council who are living in the Southern-gu and those who are not living in the Southern-gu may receive five copies of the several minutes from the male-gu to the male-gu, and 150,000 won, and 150,000 won, 200 won, 50 won, and 50 members of the company's election campaign at the above place, and 150 members, 50 members, 50 members of the company's election campaign at the same time and 50 members of the company's election campaign at the above place for the same reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness 00, oo, Doo, Kim *, Kim 00, letter*, Jeono0, MaO, tin00, and Chang 00

1. Each statement of the accused in the summary of recording and video recording by the prosecution;

1. Entry of the prosecutor's statement concerning the maximum00 in the protocol of statement;

1. Each statement in each prosecutorial record recording and video recording summary on tidal Date, solar age, fixed0, 00, 00, Ma00, Maximum*, Ma00, and Y00;

1. 김 @@, 김++, 고00, 김00, 정00, 정 **, 최 ++, 성명불상, 석00에 대한 각 녹취록의 각 기재

1. Each entry in the statement of 00, 00, Kim *, Kim & Lee *, this + + ＋ 00, and these & & 1. Each entry in the records of prosecutorial seizure and the list of seizure, each search and seizure warrant, and each report on execution;

1. To record recording on the field;

1. Each description of the accusation note of the Gwangju Shipbuilding, the investigation records of the investigating official, and the evidential materials verifying the relevant accusation; and

1. (Entry of the list of Dispatched Employees) LST; and

1. (Entry of a certified copy or abstract of the resident registration of the ELS dispatched employee; and

1. Each statement on the submission of data on details of financial transactions, institution operation expenses and executive data on business promotion expenses;

1. Report attached to a copy of investigation records of 2006No. 15702, report on investigation (certified copy of judgment), hearing of the recorded tape, report on the contents of recording tape, etc., report on whether to keep data, such as attaching 00 field photographs, report on confirmation of whether to keep data, tin00, report on the hearing record and hearing report on witness 00 presence, report on confirmation of B name list present at the meeting place, report on confirmation of B name list present at the meeting place, budget execution and disbursement resolution (2), report on confirmation of B name list present at the meeting place, attachment of pen, etc., report on confirmation of B name list present at the meeting place (3), report on non-submission of the application form, report on the attachment of the list, attachment of the original copy of the card sales slip, confirmation of whether to keep the original copy of the card sales slip, report on reference and currency report, report on the confirmation of whether to keep data, report on witness and comprehensive investigation (related to credit card), report on video conversations with 000 and report on the last list

1. As a result of the fact-finding conducted with respect to the KT, KTF, LG telecom, SK Telecom, and abandoned automobiles of this Court

1. Article applicable to criminal facts;

Articles 255(1)9 and 85(2) (including election campaigns that use his/her status), Articles 257(1)1 and 113(1) of the Public Official Election Act (including election campaigns that use his/her status); Articles 257(1)1 and 113(1) of the Public Official Election Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Public Official Election Act due to a violation of restriction on the act of contribution by a candidate with more severe punishment)

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Grounds for sentencing

Although the Defendant had been sentenced to a fine of KRW 900,00,00 for the violation of the Election of Public Officials and Prevention of Unlawful Election Act in 1998, the Defendant again committed the instant crime. The instant crime was committed by the Defendant, as the vice president of the company, by taking advantage of his official duties in the company, and provided meals to its employees while conducting an election campaign. Furthermore, the amount of meal expenses is not good for the Defendant to pay it by the corporate card of the City Council used as the Vice-Speaker of the Gwangju metropolitan City City Council at the time, and the nature of the crime is not good. Furthermore, the Defendant’s age and character, motive and background of the instant crime, the number of parties to the instant act of contribution, degree of contribution amount, circumstances after the commission of the crime, etc., and all the circumstances indicated in the arguments and the records of the instant case,

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus