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Defendant
A 6 months of imprisonment with prison labor for the crimes of No. 1-A and No. 2-A of the Decision, 6 months of imprisonment.
Reasons
Punishment of the crime
Defendant
A was a person who registered as a candidate for "C party" in the election of the 20th National Assembly members of the 20th National Assembly that was implemented on April 13, 2016, and Defendant B was a person who was in charge of the election campaign office A at the time of the above election.
1. Joint crimes committed by the Defendants
(a) Political funds in violation of the Acts shall be disbursed only for expenses required for political activities, and shall not be disbursed for private expenses or disbursed for illegal purposes;
Nevertheless, the Defendants conspired to pay the political funds of KRW 3,348,00 in total for private expenses as follows.
1) The Defendants conspired to return the political funds paid as allowances to the election commission in cash and use them for election expenses, as a result of the shortage of election expenses, and to disburse some of them for private purposes.
Accordingly, from April 8, 2016 to April 16, 2016, the Defendants: (a) deposited KRW 5,460,000 in an account with the total of KRW 5,250,000,00 in cash, and (b) returned KRW 2,00,000 to Defendant A, and Defendant A used KRW 2,00,00,000 among them for personal purposes, such as purchase of goods, in a post office account in the name of “A,” which is a political fund account reported to the election commission of the Gun-si Election Management Commission (hereinafter “political fund account”); and (c) Defendant A used the said KRW 2,00,000 for personal purposes.
2) On April 15, 2016, Defendant B transferred KRW 1,200,000 to K’s account from the political fund account under the pretext of Defendant A’s personal debt repayment to K upon the request of Defendant A at the above election campaign office.
3) On April 19, 2016, Defendant B paid KRW 148,00 from the political fund account with Defendant A’s consent and with Defendant B’s teitts purchase cost in the Sinsan City L.
(b).