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(영문) 대구지방법원 서부지원 2019.02.14 2018고합254
공직선거법위반등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who has fallen as a candidate to be a member of the 7th local council member's D in the nationwide local election of Dong-si, Dong-si, 2018 implemented on June 13, 2018, and Defendant B is a person in charge of accounting as the wife of the above A.

1. The sole crime committed by Defendant A;

(a) No person who violates the prohibition of payment of money or goods to persons engaged in election affairs shall offer or express his/her intention to offer money or goods, or other benefits in connection with the election campaign regardless of the pretext thereof, such as allowances, actual expenses, compensation for volunteers, etc., or promise, direction, solicitation, mediation, request or receive such offer, except in cases where allowances, actual expenses, or other benefits are provided pursuant to the

Nevertheless, the Defendant, as a registered election campaign worker, participated in an election campaign and tried to pay additional money and valuables even after paying the full legal allowances and actual expenses to his relatives and visitors.

1) On June 12, 2018, the Defendant paid money to six election campaign workers E, G, H, and I, at the Defendant’s election campaign office located in F, around June 12, 2018, paid KRW 300,000 in cash, KRW 200,000 in cash to K, and KRW 100,000 in cash to K. (2) On June 25, 2018, the Defendant wired KRW 50,000 from the Defendant’s election campaign workers M account (N) in the Defendant’s election campaign office located in F to the Defendant’s name, using Internet banking.

3) As a result, the Defendant paid a total of KRW 2 million to 7 members, such as the above E, in connection with election campaigns in excess of the provision of allowances, actual expenses, and other benefits permitted under the Public Official Election Act. B. Violation of the prohibition on the act of donation by candidates include National Assembly members, local council members, heads of local governments, representatives of local governments, and candidates (including those who wish to

Any person, institution, organization, or facility in the constituency concerned or his/her spouse shall be outside the constituency concerned.

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