Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant was elected as a candidate for the election of the 7th local council members nationwide, which was implemented on June 13, 2018.

A National Assembly member, local council member, the head of a local government, the representative of a political party, or a candidate (including a person intending to become a candidate) and his/her spouse shall not provide money, goods, or other property benefits, or express his/her intention to provide such benefits, or promise to provide such benefits, to a person, institution, organization, or facility in the relevant constituency, or a person, institution, organization, or facility having a relation with

Nevertheless, around May 4, 2018, the Defendant loaned KRW 25 million to E residing in D without interest agreement, and around that time, transferred KRW 25 million to E’s post office account through F.

Accordingly, the defendant made a contribution to E, the electorate, providing the interest equivalent to the above interest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. Details of transactions in each account;

1. The details of each text message;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the list of elected persons);

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. As long as the interest on donations is not specified, there is a reason to dismiss public prosecution due to the non-existence of facts charged.

B. The Defendant did not have an intention to donate, since the Defendant judged that the Defendant was able to receive a return only after the draft of the agreement.

C. The Defendant’s act is justified as a justifiable act that does not contravene social norms.

2. Determination

A. As to the unspecified assertion of facts charged, crimes are committed in the description of the facts charged.