Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall make contributions for a candidate or a person who intends to become a candidate in connection with an election.
Nevertheless, at around 12:30 on July 3, 2019, the Defendant recommended 33 employees of the company at the second floor education office of FF, which is operated by the Defendant in Kimpo-si, to join the C Party Rights Committee for the competition in the 21st election district in the 21st election district in the 21st election of National Assembly members, and decided to the effect that he would pay 10,000 won of the 10th party membership fee on behalf of the party members.
As a result, the defendant made a contribution by expressing his intention to provide money to those who want to be a candidate in the 21st National Assembly election.
Summary of Evidence
1. Application of the Acts and subordinate statutes of the register of accounts of the court in relation to M, recording G, H, I, J, and K of each written confirmation to the defendant, and the register of accounts of each police protocol in relation to M;
1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same Act concerning criminal facts and the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;
2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the first type] violation of prohibition and restriction on contribution acts on election crimes [the special person concerned] elements of contribution act [the scope of the recommended punishment]: In cases of expression of intent and promise [the area of recommendation and the scope of the recommended punishment], 50,000 won to three million won.
3. Determination of sentence: (a) The Public Official Election Act strictly limits a third party’s contribution act; and (b) considering the fact that the Defendant committed the instant crime against the employees by taking advantage of the company’s representative director’s status, as the act of making a fine of KRW 2 million undermines the fairness and transparency of elections and interferes with the reasonable choice of voters.