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(영문) 대전지방법원 2019.09.19 2018고합496
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 6,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A was the spouse of D, who was born as the candidate of the Office of Education C in the 7th nationwide City/Do local election, and Defendant B took overall charge of the election campaign, including the preparation of the above D’s speech, the press, the group response, and public relations, from March 2018 to April 2018.

1. The family members of a candidate A shall not offer, express an intention to offer, or promise to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext thereof, such as allowances, actual expenses, other compensation for volunteer service, etc., except where allowances, actual expenses, or other benefits are provided under the Public Official Election Act;

Nevertheless, around March 23, 2018, the Defendant issued KRW 4 million in cash to B for election campaign in Etel as a consideration, and issued KRW 4 million in cash to B in the G Redevelopment Partnership’s office located in F on April 20, 2018.

As a result, the Defendant was registered as the election campaign worker B from March 30, 2018, when he was registered as the election campaign worker B.

4. Until 28.28. The money and valuables of KRW 8 million was provided in relation to the election campaign, which account for a total of KRW 2.1 million.

2. Except for cases where allowances, actual expenses, and other benefits are provided under the Public Official Election Act, no one shall be provided with money, valuables, or other benefits in connection with an election campaign regardless of the pretext such as allowances, actual expenses, and compensation for volunteer service;

Nevertheless, the Defendant received a total of eight million won in return for an election campaign at the time and place mentioned in the preceding one, in two times.

As a result, the Defendant received 8 million won money and valuables in relation to the election campaign, which paid 2.1 million won or more of the statutory allowances.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of a witness A, H, I, and J;

1. The police statement of K;

1. Accusations against violations of the Public Official Election Act, accusations, reports on digital evidence analysis results, and telephone statements from each police investigation report.

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