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(영문) 서울남부지방법원 2016.09.08 2016고합222
공직선거법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a person in charge of management of the local election organization in south L, who was a person in charge of the report of K's failure to report that he left as a candidate by J Party in the 20th National Assembly election district.

Except for the cases of providing allowances, actual expenses, and other benefits under the Public Official Election Act, no one shall provide, express an intention to provide, or promise to provide money, valuables, or other benefits in connection with election campaigns, regardless of the pretext thereof, such as allowances, actual expenses, compensation for volunteer service, etc.

On March 5, 2016, the Defendant stated “3,50,000 won” in the indictment of KRW 3,50,000 as the name of election campaign-related expenses, etc. on or around March 5, 2016 to N, who is an election campaign manager of K in Jeonnam M, but appears to be the clerical error of “3,50,00 won” in light of the list of crimes and evidence Nos. 197, 239, 252, 300, and 305 of the list of crimes and evidence.

From the time of delivery, from April 12, 2016 to April 12, 2016, a total of KRW 5,650,00, as shown in the annexed Table 1 list of crimes.

Accordingly, the defendant provided money in relation to the K election campaign.

An accountant in charge of an election campaign office for a candidate to run in an election for the violation of the Political Funds Act shall receive or disburse election expenses through the deposit account reported to the competent election commission.

The Defendant conspired to pay election expenses while managing cash separate from the deposit account reported with theO who is the accountant in charge of the K election campaign office.

Accordingly, the indictment concerning the source of KRW 22 million paid by the Defendant among cash separately managed by the Defendant is stated as follows: “The Defendant is provided with a total of KRW 22 million from theO in terms of organization management expenses, such as the above paragraph 1(a)” [the “paragraph 1(a)” refers to the charge of “not guilty part” (the violation of the Public Official Election Act due to the receipt of money and valuables related to election campaign).

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