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(영문) 전주지방법원 군산지원 2017.02.02 2016고합129
공직선거법위반
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A was the chief executive officer of G candidate's election in the 20th National Assembly election district, and Defendant B was the chief executive officer of G candidate's election in the 20th National Assembly election district, and Defendant B was the former head of the public relations team for the candidate's interest in the H Daily, the 20th National Assembly election campaign district in

1. The head of the election affairs of a candidate for defendant A shall not offer, express an intention to offer, or promise to offer money, valuables, or other benefits in connection with the election campaign regardless of the pretext thereof, such as allowances, actual expenses, other compensation for volunteers, etc., in violation of Article 135(3) of the Election of Public Officials Act;

Nevertheless, the Defendant, at around 16:00 on February 4, 2016, at the above G election campaign office located in J and 201, sent 120,000 won in cash in the same place, together with four credit card receipts of KRW 152,00 in total, such as the drinking value, etc. paid from B, the head of the public relations team in relation to the election campaign.

Accordingly, the defendant provided money in relation to the election campaign as the chief of the election affairs of the candidate.

2. No person who is provided with money, valuables, or other benefits in connection with an election campaign regardless of the pretext thereof, such as allowances, actual expenses, compensation for volunteers, etc., in violation of Article 135(3) of the Act on the Election of Public Officials, or consent to an expression of such intention;

Nevertheless, the Defendant was provided with KRW 120,000 in cash in relation to the election campaign, as described in paragraph (1) above, at the time, at the place, and as described in paragraph (1) above.

Accordingly, the Defendant received money and valuables in relation to the election campaign.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The legal statement of K Witness;

1. Each police statement made against L/M;

1. A statement prepared by K;

1. Investigative Report (the result of the suspect A or B mobile phone siren position), internal investigation report (the submission of recording records by the informant to the election office and the recording materials in the currency), internal investigation report (the verification of N, etc. by the credit card user) and internal investigation report (B).

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