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(영문) 서울남부지방법원 2018.01.25 2017고합485
공직선거법위반
Text

Defendant

A shall be punished by a fine of 900,000 won, and a fine of 500,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of F Party E Election Campaign affiliated with the 19th presidential election D Party E, Defendant B is the vice president of G (State) located in Ansan-si, and Defendants maintained friendly relations from the time when H University was enrolled.

No one shall make, or have another make contributions to, a candidate or political party to which he/she belongs, in connection with an election, and no one shall offer, express an intention to offer, or request, or receive 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.

Nevertheless, on May 3, 2017, from around 12:15 to around 13:20, the Defendants conspired, from around 12:15 to around 13:20, the first 2th floor of Yeongdeungpo-gu Seoul Metropolitan Government “J hotel separate view”, Defendant A provided 54 volunteers who work together with Defendant B through K, a volunteer belonging to D Party E election campaign, and had Defendant B pay 898,105 won [the total number of participants, 57 members, 948,00 won of meal cost, 948,000 won of meal cost, and 898,105 won (=948,000 won x 54/57) of meal cost, excluding one person who is not two defendants and volunteers]. Accordingly, Defendant B provided the total amount of meal cost by way of paying the total amount of meal.

As a result, the Defendants conspired to make a contribution to the candidates for the 19th presidential election, and provided money to the persons related to the election affairs in connection with the election campaign.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. A suspect examination protocol by each prosecutor of the defendant A;

1. Each prosecutor's statement in relation to L, M, or K;

1. Written statements of the N orO by the prosecution;

1. Each report on investigation;

1. Each photograph, CD, receipt, reservation book, each record book, each record of each currency, and the application of each record statute;

1. Defendants of the relevant legal provisions regarding criminal facts: each of them.

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