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(영문) 부산지방법원 서부지원 2020.01.22 2019고단1777
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

B, on March 13, 2019, the second nationwide election of the head of the Dong-si Cooperative, which was implemented on March 13, 2019, went out as a candidate for the head of the E Union who has approximately approximately approximately 2,500 members in Busan City C-Gu, Changwon-si, and Kimhae-si, and the defendant was aware of about 50 years in the same Dong-dong area as B.

1. No person who violates a prohibition against, or restriction on contributions, etc. shall make contributions to provide money, goods, or other property benefits to voters or their families for a candidate in connection with the relevant entrusted election during the period subject to restriction on contributions;

Nevertheless, at around 16:30 on March 8, 2019, the Defendant provided KRW 300,000 in cash, the following: (a) at G container located in F in Changwon-si, Changwon-si; (b) on the one hand, the one’s husband I of H of the E Union stated that “the one’s husband is a regional line, and she is a Do Governor.”

Accordingly, the defendant provided money to the elector's family members for the candidate and made a contribution act.

2. No one shall carry out an election campaign in any way, except in cases where a candidate who violates the duty of prohibition of election campaign makes an election campaign under the Act;

Nevertheless, the Defendant complained of B’s support as described in paragraph (1) at the same date and time as described in paragraph (1), and at the same time and place as described in paragraph (1), and carried out an election campaign by calling to J, a member of the E Union, for three times on March 10, 2019, around 09:45, around 11:43, around 12, 2019, and around 10:10, around 13, 2019, at a non-permanent place and calling to J, a member of the E Union, on three occasions, to the effect that “B is affixed, he/she shall be affixed, and the B shall be bound to vote for Korean fishermen, and the two votes shall be changed.”

Accordingly, even though the Defendant is not a candidate who can carry out an election campaign, the Defendant carried out an election campaign for B as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about K (tentative name) and L;

1. Investigation Report (whether a person for reference is E-member or not) is applicable to the law 1.

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