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(영문) 대구지방법원 서부지원 2018.11.29 2018고합190
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant registered as a preliminary candidate for the election of the local council members of Daegu Metropolitan City C in the 7th simultaneous local elections on June 13, 2018, and elected as a candidate for the election of the local council members of Daegu Metropolitan City C in the same simultaneous elections.

No person shall publish or publish any false fact about the place of birth, status, occupation, career, property, personality, act, organization to which he/she belongs, etc. of a candidate, his/her spouse, lineal ascendant or descendant, or sibling, or carry any propaganda document containing false fact for the purpose of distributing a false fact in favor of a candidate (including a person who intends to be a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, propaganda document, or any other means with the intention of getting elected or having another person elected, and where he/she publishes an academic background, he/she shall not publish any false fact with the exception of the regular academic achievement and the academic achievement completed in a foreign educational course equivalent thereto.

Nevertheless, on April 1, 2018, the Defendant registered as a preliminary candidate for the D constituency for the election of council members of the Daegu Metropolitan City Seoul Metropolitan City as a candidate for the D constituency. On May 8, 2018, the Defendant requested the printing company of "F" in Daegu to produce a preliminary candidate for his election campaign, and received a delivery of Chapter 35,000, the name of the preliminary candidate for the election campaign indicated in the foregoing non-regular academic background at that time, stating, “F as the highest manager for the G University management graduate school that completed AMT at G University, the highest manager process (Adrance Management Management Process).”

Since May 9, 2018 to May 16, 2018, the Defendant distributed approximately KRW 7,868 boxes for election campaigns manufactured in one’s constituency, such as the Daegu H market, I, the J Center, and the K center for older persons.

Accordingly, for the purpose of winning the election, the Defendant distributed the name cards for the election campaign indicated in the foregoing non-regular academic background, thereby publicly announcing false facts.

Summary of Evidence

1. The defendant's statement in court;

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