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(영문) 서울동부지방법원 2017.10.27 2016고합295 (1)
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

B was elected as a candidate for D party in the election district of the 20th National Assembly member that was implemented on April 13, 2016, and the defendant is a person who supported the online election campaign by the candidates belonging to D party in the above election.

No person shall be provided with money, valuables, or other benefits in connection with an election campaign regardless of the pretext, such as allowances, actual expenses, and compensation for volunteers, except where allowances, actual expenses, and other benefits are provided under the Election of Public Officials Act.

Nevertheless, on March 29, 2016, the Defendant: (a) prepared an election campaign bulletin that contains B’s campaign promises, election tax-related activities, etc.; and (b) requested B to post it on B’s Facebook; and (c) received from B to Defendant’s account in the name of the Defendant on March 30, 2016, and requested B to actively engage in the online election campaign during the election campaign period, upon receiving KRW 2,00,000 from B.

After that, from March 31, 2016 to April 12, 2016, the Defendant made an online election campaign against B by preparing an election campaign bulletin containing “E,” “F,” “G,” “H,” “I,” “K,” “K,” “L,” “M,” “N,” “O,” “P,” “R,” and “R” in the Guro-gu Seoul Metropolitan Area branch, including “E”, “F,” “H,” “H,” “K,” “M,” “O,” “P,” and “R,” and posting “B” information unfavorable to the candidate.

As a result, the Defendant received money and valuables other than those permitted by the Public Official Election Act from B in relation to election campaign.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (verification as to whether election clerks are registered, and it is not registered election clerks);

1. The application of the respective mobile analysis report printed materials, the card news, the Agricultural Association’s new data, and the legislation on corporate bank response data attached to the respective text on April 11, 2016, the text of “R”, the text of “R”, and the foregoing text.

1. Article relevant to the facts constituting an offense and the election of public officials in the choice of punishment;

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