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(영문) 대전지방법원 천안지원 2018.11.14 2018고합186
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants are the believerss of churches such as F, which had been registered as a preliminary candidate for the E market affiliated with D in the 7th simultaneous local elections conducted on June 13, 2018, and in particular, Defendant B, among the above F, has a history of working as the head of the above F candidate election campaign headquarters around 2014.

No one shall make, or have another person make contributions to a candidate (including a person who intends to become a candidate) or political party to which he belongs (including the preparatory committee for the formation of a new political party), in connection with an election.

Nevertheless, the Defendants conspired to make contributions by Defendant B through Defendant A, such as providing meals to the persons related to election campaigns and support persons for the F by using the credit card in Defendant B’s name.

As the Defendants recruited as above, around April 5, 2018, at “H” located in G, and around 18:00, Defendant B asked Defendant A to pay the meal cost, and Defendant B paid KRW 44,00 in total with the Samsung Card received from Defendant B, and Defendant A paid KRW 15,00 in the name of F, F’s spouse, election officer I, and election officer I attending the above restaurant, and as a citizen of the E Si election district, F’s support person, such as J, K, L, M, N,O, P, etc.

Accordingly, the Defendants conspired to make contributions for E market reserve candidate F.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to Q and P;

1. Table of total sales;

1. Application of statutes on site photographs;

1. Relevant Article 257(1)1 and Article 115 of the Act on the Election of Public Officials, Article 30 of the Criminal Act, and the choice of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Scope of applicable sentences under law: Fines of 50,000 to 10,000 won;

2. Application of the sentencing criteria;

A. Defendant A (the type of ruling) violates the restriction on prohibition of contribution activities for election crimes.

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