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(영문) 대구지방법원 2015.08.11 2015고단2033
공공단체등위탁선거에관한법률위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around October 2014, the Defendant was a person who had been elected as the head of the C association by advertising as a candidate for the head of the C association in the first election of the head of the C association at the same time, and going out on March 11, 2015, which was implemented on March 11, 2015.

1. No one shall provide money, goods, entertainment, or other property benefits to any elector, his/her family member, or any institution, organization, or facility established and operated by the elector, his/her family member, or his/her family member,

Nevertheless, at around 14:00 on January 2, 2015, the Defendant visited C’s residence, an elector, and provided KRW 100,000 in cash for an election campaign, 50,000,000 for the purpose of the election campaign.

Accordingly, the defendant provided money to the elector for election campaign.

2. No person who intends to be a candidate for violating the restriction on contributions shall make contributions during the period subject to the restriction on contributions;

Nevertheless, at around 13:30 on February 7, 2015, the Defendant provided meals equivalent to C’s KRW 37,000 in G cafeteria located in Busan Metropolitan City F, which is a member of C, with the food of KRW 37,00,00, KRW 50,000 in cash on the table.

Accordingly, the defendant made a contribution during the contribution-restricted period.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Legal statement of the witness H;

1. Each written confirmation of I and E;

1. Guidance on an accusation, and on the simultaneous election-related prohibited acts conducted on March 11, 2015;

1. Violation of each investigation report (Evidence Nos. 47 to 50, 52, 54 to 65, and 69) and each investigation report (Evidence List No. 47 to 50, 52, 54 to 69): Defendant and H did not frequent the usual communication by a human-friendly relationship; Defendant and H did not frequently communicate with others on the election day; Defendant were supported by H while she provided with meals.

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