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(영문) 인천지방법원 2016.10.07 2016고합477
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 900,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A In relation to the 20th National Assembly member election conducted on April 13, 2016, with respect to the 20th National Assembly member election conducted on April 13, 2016, A is an election campaign manager of the J candidate who was elected as a candidate for the I Party H in the Incheon G constituency, and Defendant B is the head of the editing bureau of the Incheon K and L Co., Ltd (hereinafter referred to as “L”).

No one shall advertise literary works, entertainments, drama, motion pictures, photographs and other articles showing the name of a political party or candidate by means which are not prescribed in the Public Official Election Act from 90 days prior to the election day to the election day.

Nevertheless, around March 28, 2016, at the election office of the J candidate M and 609, Defendant A requested Defendant B to advertise L's Internet bener to J with respect to the election campaign of J, and provided Defendant B with photographs and advertising instruments indicating his name, and Defendant B suggested Defendant A to advertise the Internet beer for J as it is impossible to advertise the Internet beer.

Defendant

B published on March 30, 2016, J’s photograph and J’s 8 pages, “G constituency I Party H No. Ha, J and N development will begin and complete properly.”

As a result, the Defendants conspired to make a photograph indicating the J's name contributed to the newspaper advertisement and advertised it in a way that is not provided for in the Public Official Election Act.

Summary of Evidence

1. Defendant A’s legal statement

1. Prosecutorial suspect interrogation protocol against the Defendants

1. A written accusation;

1. Photographs of text messages, e-mail requested for advertisement by Internet reproduction, details of advertisement (transaction) and written request, political parties, election guidance on advertisements in the name of a candidate, L8 pages, recording records of telephone contents, recording files, and CDs of telephone bathing files;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the submission of suspect B currency details, attachment of suspect B currency files, submission of files for recording conversations, and analysis of contents of telephone conversations);

1. Relevant provisions for facts constituting an offense and the Public Official Election Act, respectively.

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