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Defendant shall be punished by a fine of KRW 80,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Criminal facts
The Defendant is the person in charge of the accounting of the E candidate for the EDCF party affiliated with the D Party, which was going out to the constituency of the “C” election of a member of the 6th City/Do council in the 190 City/Do council at the 6th nationwide election.
A political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs shall not disburse the election expenses in excess of 1/200 of the restricted amount of election expenses publicly announced under the Public Official Election Act. Since the restricted amount of election expenses for the constituency in the “C” election of a National Assembly member of 1,000 won is publicly announced as 40,000 won, the election expenses shall not be disbursed in excess of 40,200,000 won, which is 1/200 of the restricted amount.
From March 24, 2014 to June 10, 2014, the Defendant spent KRW 40,886,696 as election expenses in E’s election office, etc., which was held in net F from the end of March 24, 2014. However, on June 12, 2014, the Defendant reported that only KRW 36,626,696 was spent as election expenses to the election commission at the net City/Do election commission, and did not include KRW 4,20,00 as actual expenses for the Defendant himself/herself, and KRW 60,000 as election expenses for speech or interview.
Accordingly, the defendant spent election expenses in excess of 1/200 of the restricted amount of election expenses.
Summary of Evidence
Defendant’s legal statement
Article 334 of the Criminal Procedure Act provides that a copy of the statement of the police about G, a copy of the election expenses disbursement agreement, a copy of the political fund revenue and expenditure report, a copy of the political fund revenue and expenditure book (other political funds), a copy of the receipt for payments of political funds, a copy of the receipt for payments of cash, a copy of the receipt for payments of cash, a copy of the statement of payment of cash, a copy of the statement of appointment of a person in charge of accounting, a copy of the statement of appointment of a person in charge of accounting, a copy of the statement of appointment of a person in charge of accounting, a copy of the statement of appointment of a person in charge of accounting, and a copy of the statement of appointment of a person in charge of accounting, and Article 258 (1) 1 and 122 of the Act on the Election of Public Officials