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(영문) 창원지방법원 진주지원 2015.02.05 2014고합146
정치자금법위반
Text

Defendant

A shall be punished by a fine of KRW 80,000,000, and by a fine of KRW 1,500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A was a person who had come out of the sixth-time nationwide local election, which was held on June 4, 2014, and went out without voting for D elections, and was held concurrently by the person in charge of accounting from March 23, 2014 to May 19, 2014, and Defendant B was a person who was in charge of accounting of A from May 20 to July 3, 2014.

1. Where a person in charge of accounting receives and disburses political funds, he/she shall do so through the deposit account on which a report has been made to the competent election commission;

On March 23, 2014, at the same time, the Defendant registered as a preliminary candidate in the above D election with the E Election Commission, and reported himself as a person in charge of accounting, and reported his account of the credit union in the name of the Defendant to the revenue and expenditure account for political funds.

Nevertheless, around March 23, 2014, the Defendant spent 2 million won as the expenses for transmitting text messages for the Defendant’s election campaign at G Nonghyup Bank account, the Defendant’s wife, without going through a deposit account on April 1, 2014, including KRW 1 million around April 1, 2014, KRW 2 million around April 2, 2014, and KRW 2 million around April 14, 2014.

2. Defendant B’s accountant in charge shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses publicly notified by the constituency election commission. Meanwhile, the E election commission publicly announced the restricted amount of election expenses in excess of 1220 million won, so the Defendant, who is in charge of accounting, shall not disburse election expenses in excess of 610,000 won, which is 1/200 or more of the restricted amount of election expenses.

Nevertheless, the Defendant spent KRW 123,229,582, including election expenses spent by a person in charge of accounting at the above election campaign office of the Republic of Korea, in the election campaign office of the Republic of Korea, from May 20, 2014 to June 13, 2014, as election expenses, and disbursed the restricted amount of election expenses.

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