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(영문) 의정부지방법원 2018.08.24 2017고합458
공직선거법위반등
Text

Defendant

A Imprisonment with prison labor of 8 months for a crime set forth in the judgment of the court below, and a fine of 4 months for a crime set forth in the judgment of the court below.

Reasons

Punishment of the crime

To the extent that it does not infringe on the defendants' right of defense, the phrases of the facts charged were partly revised, and the defendants' contents of the facts charged in violation of the Personal Information Protection Act were integrated.

1. Defendant A, in violation of the Embezzlement’s Embezzlement and the Election of Public Offices Act, was serving as the president of the C&C from July 25, 2013 to July 25, 2017, and wishes to become a candidate for the head of D/C simultaneous local elections on June 13, 2018.

Defendant

A From July 25, 2013, from around 2013, after being entrusted by the victim D military with the amount equivalent to KRW 6 million at the 15th-type market price of the clith, such as Legg’s 1 sets (hereinafter “instant clith”) from the victim D military, A kept the instant clith in F in the game E designated by the victim D military for the victim D military.

The instant healthcare organization should be provided to D military residents using F’s facilities, and it cannot be transferred, transferred, re-entrusted, or provided as security to a third party without the consent of the victim D military.

Nevertheless, Defendant A, who resided in the D military and operated “G” pension, decided to arbitrarily deliver the instant healthcare equipment to J, a director of H Saemaul leader interest I organization. On October 22, 2016, Defendant D had J load the instant healthcare equipment into the truck.

The specific facts constituting “delivery” as stated in the facts charged were stated.

Accordingly, the defendant, who wishes to be a candidate of the head of local government, made a contribution to the JJ of a person who is located in the constituency concerned, and, at the same time, embezzled the property of the victim D, who keeps the property of the victim D.

2. Defendant B’s violation of the Personal Information Protection Act is the representative director of K Co., Ltd. (hereinafter “K”) who runs real estate development business, and the victim L is a person who retired from K on August 2016 while serving in K.

L is a document that has been managed by the victim while leaving K.

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