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Reasons
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(영문) 인천지방법원 2019.02.15 2018고합764
공직선거법위반
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Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

A. A person who is in office as the president of the Partnership B from January 1, 200 (hereinafter “instant Union”).

No one shall make contributions for a candidate or a person who intends to become a candidate in connection with an election.

On March 4, 2018, the Defendant: (a) instructed C of the instant cooperative head of the instant cooperative to attend the Publication Commemorative Meeting of Preliminary Candidates, a preliminary candidate who belongs to the FFF City/Si/Gun election political party, on June 13, 2018 (the opening date March 6, 2018), and to pay KRW 50,000 per capita as allowances, in return for his/her attending the meeting, at the 7th anniversary of the publication commemorative meeting of PP candidate H (the opening date), which was implemented on March 5, 2018, using D message and E, and paid KRW 50,000 per capita as allowances.

Accordingly, at around 09:44 on March 6, 2018, C sent a text message to the Head of the general affairs of the instant association I, stating that “K hours: K hours: 16:30 minutes before the gold day 16:30 minutes before the opening of the meeting : 50,000 won.” The head of the liaison office sent a text message to N of the instant association’s director from 09:34 to 09:49 on the same day, and sent each of the above text messages to 38 members including the directors, representatives, and auditors of the said association.

Ultimately, the Defendant made a contribution act to 38 members of the above H to provide property benefits equivalent to 50,000 won per person in return for attending the said H Publication Commemorative Meeting, thereby making a contribution to the election of the FF market for the 7th nationwide local election, for preliminary candidates.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, I and M;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Some statements of the police suspect interrogation protocol against the defendant are written 1.

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