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(영문) 부산지방법원 2015.01.06 2014고합746
공직선거법위반등
Text

Defendant

A shall be punished by a fine of 900,000 won, and a fine of 500,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who was left in the D constituency (E) at the election of council members of Busan Metropolitan City Council implemented on June 4, 2014, and the defendant B is a person in charge of accounting of the defendant A.

1. Since the restricted amount of election expenses for the 6th local council members of the Busan Metropolitan City Dong-dong local council which was publicly announced by the Dong-gu Busan Metropolitan City Election Commission in violation of the Public Official Election Act is 52,00,000 won, the restricted amount of election expenses for the 52,000,000 won for the 6th local council members of the Busan Metropolitan City local council, Defendant A who is a candidate and accountant in charge, shall not disburse the election expenses in excess of 260,000 won

Nevertheless, the Defendants spent the total of KRW 57,682,696 as election expenses from April 21, 2014 to June 16, 2014.

As a result, the Defendants conspired to disburse election expenses of KRW 5,682,696 exceeding 1/200 of the restricted amount of election expenses.

2. When the Defendants in violation of the Political Funds Act discovered that election expenses were paid in excess of the restricted amount of election expenses, they made an accounting report by reducing the election expenses and making an accounting report. On July 3, 2014, the Defendants, while submitting an accounting report on election expenses at the Gangseo-gu Busan Metropolitan City Election Commission located in the Gangseo-gu Busan Metropolitan City, Busan, stating the unpaid amount for the “F company” of the companies producing election campaign materials as KRW 13,205,00 and the unpaid amount for the “G company” of the companies manufacturing oil vehicles as KRW 5,213,00,000, respectively.

However, the amount of unpaid payments to the company was KRW 15,560,000, and the amount of unpaid payments to the company was KRW 9,116,000.

As a result, the Defendants conspired to make a false entry into the election expenses without any justifiable reason and made an accounting report.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

1. A copy of the written answer to J;

1. A photograph of the F company upon closure of the e-mail screen of the 6/18 tax invoice received by the F company;

1. The Acts and subordinate statutes of the written accusation.

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