Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

In the 7th local election of Dong-si, which was implemented on June 13, 2018, the Defendant left the C constituency of the B Council members to the C constituency of the B Council members under D political party, and was found to have fallen, and the Defendant concurrently held the office of accounting from the time of the registration of preliminary candidates on March 2, 2018.

A political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs shall not disburse the election expenses in excess of 1/200 or more of the restricted amount of election expenses announced by the

From March 5, 2018 to June 15, 2018, the Defendant spent 47,669,747 won (excess 4,69,747 won) exceeding 1/200 of the restricted amount of election expenses (215,00 won) in the election office of the Defendant in B, while managing the revenue and expenditure of election expenses, as election expenses.

Accordingly, the defendant spent election expenses exceeding 1/200 of the restricted amount of election expenses.

Summary of Evidence

1. Defendant's legal statement;

1. A written answer;

1. Reports on accountant in charge concurrently held;

1. Report on the result of education on the accounting of political funds, guidance on changes such as restricted amount of election expenses for nationwide and local elections, and report on the result of holding an explanatory meeting for guidance of candidates;

1. A report on revenues and expenditures of political funds;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 258 (1) 1 and Article 122 of the Public Official Election Act and Article 258 (1) 1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won;

2. The scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. Determination of sentence: The crime of this case by a fine of 80,000 won is that a defendant has disbursed election expenses in excess of 1/200 of the restricted amount of election expenses when he withdraws from the election of a member of the B Council;

The Public Official Election Act is to ensure that elections are held fairly and to prevent illegal elections.