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(영문) 광주지방법원 2018.12.21 2018고합480
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the person in charge of accounting for the interest on the election district of the D City Council member “E” at the 7th simultaneous local elections held on June 13, 2018.

Political parties, candidates, chiefs of election liaison offices, directors in charge of election liaison, persons in charge of accounting, or assistants of accounting affairs shall not disburse election expenses in excess of 1/200 of the amount restricted from election expenses publicly announced by the public notice of the amount restricted on election expenses under the Election of Public Officials Act.

Nevertheless, the Defendant from April 11, 2018.

6. From 14. to 14., while managing the revenue and expenditure of election expenses at one’s election campaign office located in F, disbursement was made 40,684,545 won exceeding 1/200,000 of election expenses limited, as shown in the annexed crime list.

As a result, the Defendant violated the provision on restrictions on election expenses by making excessive disbursement of 1,684,545 won (4.31% compared to the limited amount) from the limited amount of election expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against any violation of public official election laws, filing an application for registration of a candidate, report on accountant in charge, request for election expenses, division of revenue and expenditure of political funds, political funds, revenue and expenditure report, election expenses revenue and expenditure division, political funds revenue and expenditure division, instruction for election expenses, details exceeding the amount restricted, report on election expenses, election affairs report, etc., report on the result of holding a briefing session for instruction on registration of a preliminary candidate, election affairs division, etc., public announcement of election expenses, and additional notification of the fact of illegality in filing

1. Application of Acts and subordinate statutes to a report on investigation (report on the currency of a person in charge of the D Line officials);

1. Article 258 (1) 1 and Article 122 of the Act on the Election of Public Officials and the Selection of Fines concerning Criminal Facts, and Articles 258 (1) 1 and 122 of the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fine not exceeding 20,000,000 won;

2. Whether the sentencing criteria are not set.

3. The Act on the Election of Public Officials in Decision of Sentence shall have the power to elect;

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