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(영문) 전주지방법원 군산지원 2018.12.20 2018고합105
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant stated the facts charged in the indictment on June 13, 2018 as “ June 3, 2018.” However, according to the evidence duly adopted and examined by this court, it is evident that it is a clerical error in the indictment as “ June 13, 2018.”

On the other hand, even if recognized as above, there is no substantial disadvantage in exercising the defendant's right of defense.

As such, correction shall be made ex officio.

At the 7th simultaneous local elections, the person in charge of accounting of D, who was released as a candidate for B member's C constituency, was born.

Political parties, candidates, chief of an election liaison office, director of an election liaison office, accountant in charge, or accountant in charge, shall not disburse election expenses in excess of 1/200 of the amount restricted for election expenses publicly announced by the public announcement of the amount restricted for election expenses under the Public Official Election Act.

Nevertheless, while managing the revenue and expenditure of D election expenses from around March 16, 2018 to June 25, 2018, the Defendant spent KRW 51,364,880 (amount in excess: KRW 3,364,880) in excess of 1/200 (240,000), which is the amount limited to the election expenses for Class B member C, in excess of 48,000.

Accordingly, the Defendant spent election expenses exceeding 1/200 of the restricted amount of election expenses notified.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Political funds revenue and expenditure reports, revenue and expenditure books, reports on the result of education for compensating election expenses, register of participants in education related to compensating for election expenses, report on the result of political funds-related education, register of participants in education for compensating for election expenses, notification, report on appointment of persons in charge of accounting at least seven times nationwide, report on appointment of persons in charge of accounting, written agreement on election expenses expenditure, written agreement on election expenses disbursement, attendance book, classification of election expenses and guidance on compensating for election expenses, investigation report (al.g., attachment of a manual for compensating for election expenses at the center), and copies

1. Article 258 of the Act on the Election of Public Officials and Article 258 (1) of the Act on the Election of Public Officials for Criminal Facts;

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