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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Basic Facts] Defendant A entered into a sentence with the candidate who belongs to the “I” affiliated with the H market special election implemented on April 13, 2016, as the representative of HH market (State)GF, and Defendant B is a person who engages in the personal cargo transport business and is a senior citizen of Defendant A.
On October 29, 2015, the Supreme Court of Korea decided on October 29, 2015 against H market K, which is a fine of 5 million won, which is the invalidation of election due to a violation of the Public Official Election Act, and found L to be a candidate for H market special election, Defendant A attempted to go to the candidate for H market special election, and Defendant A tried to prevent L candidate from winning his election and help J candidate winning his election on February 2, 2016, with the knowledge of the fact that L candidate had shown an anti-corporate attitude, such as opposing large companies' attraction, and was not qualified as H market.
【Criminal Facts】
1. The Defendants’ joint criminal conduct (violation of the restriction on the contribution act by a third party) did not make a contribution act to a candidate (including a person intending to become a candidate) or on behalf of the political party to which they belong, but the Defendants conspired to offer free meals to the residents in the constituency by visiting the promotional activities of the G being operated by the Defendant A at the fixed and irregular place.
Accordingly, around 18:30 on March 28, 2016, Defendant B collected 40 residents in the election district, such as HP market merchant, through HP market president, from the N cafeteria located in HP market, via the above cafeteria. Defendant A notified the above cafeteria to conduct an election campaign, and requested Defendant B to provide guidance on the J candidate. Accordingly, Defendant B provided an election campaign by guiding the J candidate who visited the above cafeteria upon contact with Defendant A and visited the above cafeteria, and 80,000 won in cash.