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Reasons
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(영문) 대전지방법원 2017.02.14 2016고합377
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

No person may offer or receive any money, valuables or other benefits in connection with the election campaign, regardless of the pretext thereof, such as allowances, actual expenses, compensation for volunteer services, etc.

Nevertheless, on March 1, 2016, Defendant A transferred KRW 300,000 to the one bank account in the name of Defendant B using the J account used by Defendant B in return for performing the duties related to the election campaign, such as H’s schedule management, driving, and photographing, as a letter of performance by the candidate H in preparation for the 20th election district of the Daejeon National Assembly member election. Defendant B received this.

Defendant

A, from March 17, 2016 to March 17, 2016, paid Defendant B totaling KRW 1,157,000 on four occasions in relation to the election campaign, such as the list of crimes in attached Form A, and Defendant B received it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution with regard to I andK;

1. Statement made to H by a petitioner;

1. Lritten statements;

1. As a result of the analysis, 67 copies of photographics, details of banking transactions, and investigation reports (as a result of confirmation of books of account deposits and withdrawals by L customer);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 230(1)4 and Article 135(3) of the Election of Public Officials Act (generally, selection of fines);

B. Defendant B: Article 230(1)7 of the Election of Public Officials Act (in all cases, selection of fines);

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant B: Articles 236 and 230 of the Election of Public Officials Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A

(a) The scope of punishment by law: Fines not exceeding 30 million won;

B. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria shall be subject to an election campaign in the area of mitigation (one million won to five million won) (the amount of punishment) (the amount of punishment is one million won to five million won).

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