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(영문) 전주지방법원 남원지원 2019.09.03 2019고단140
공공단체등위탁선거에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a member of D who was released as a candidate for the president of the CF in the election of the president of the CFF on March 13, 2019, and the defendant B is a member of the CF.

1. No defendant A shall offer, express an intention to offer, or promise to offer money, goods, entertainment, other property benefits, or public or private positions to any elector, his/her family member, or any institution, organization, or facility established and operated by the elector, his/her family member, or any of his/

Nevertheless, around March 8, 2019, the Defendant issued a bag containing KRW 2.4 million in cash to B and G for the purpose of election campaign at a “F office” operated by the Defendant in Nam-si, Nam-si, with a request from B and G to the effect that “D election campaign” is carried out, and provided money and valuables for the purpose of election campaign.

2. Defendant B received an envelope containing KRW 2.4 million in cash and received money and valuables for election campaign purposes in collusion with G upon receiving a request from G for the same kind of paper as described in paragraph (1) at the time and place described in paragraph (1) at the same time and place as described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A copy of each police interrogation protocol concerning G or D;

1. Recording records of the recording file of telephone conversations between G and H, recording records of the recording file of telephone conversations between G and I, recording records of the recording file of telephone conversations between G and B, and the application of Acts and subordinate statutes of each reply data;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 58 subparagraph 1 of the Act on Entrusted Elections by Public Organizations, etc. (Selection of Imprisonment);

(b) Defendant B: Article 58 subparagraphs 3 and 1 of the Act on Entrusted Elections by Public Organizations, Etc., Article 30 of the Criminal Act (Selection of Imprisonment)

1. Defendants under a suspended sentence: Article 62(1) of the Criminal Act (hereinafter “the grounds for a suspended sentence”), which is favorable to the Defendants

1. Defendants of the community service order: Article 62-2 of the Criminal Act

1. Defendant B: The amount additionally collected in accordance with the proviso of Article 60 of the Act on Entrusted Elections by Public Organizations, etc.; and

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