A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

Local council members shall not make contributions to persons in the constituency concerned, institutions, organizations, or facilities, or persons having relations with residents in the constituency concerned, or institutions, organizations, or facilities even if they are outside the constituency concerned.

On June 4, 2014, the Defendant, as a local council member elected in the Incheon Metropolitan City District at the time of simultaneous local elections, provided four public officials (H, I, J, K), nine female members (L, M, N,O, P, Q, Q, R, and T) of G community service centers at “F cafeteria” located in Incheon D on June 20, 2016, and provided meals of an amount equivalent to KRW 192,00 at the market price to 13 members (L, M, N, P, Q, R, and T).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning J, H and L;

1. A written answer to L;

1. Each written confirmation of P, M, Q, N,O, R, S, and T;

1. A written accusation;

1. Receipt, re-issuance of a meal cost receipt, and investigation report (the details of CCTV video data in the F cafeteria);

1. Application of the respective resident registration certified copies (H,K, J, I, L, N, P, R, T, M,O, Q, and S statutes;

1. Article 257 (1) 1 and Article 113 (1) of the Act on the Election of Public Officials in Charge of Crimes and the Election of Public Officials in Charge of the Selection of Punishment (Selection of Punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the fact that the food cost offered by the defendant is 14,700 won per person, and that it was a simple point of view for female members, etc. in the restaurant by chance, the defendant's act of offering the meals in this case constitutes an act of courtesy or on duty, and of which illegality is eliminated.

2. Determination

(a) Article 113 of the Public Official Election Act provides that local council members, etc. shall not make any contribution, regardless of whether they are related to the election in question, and prohibits it, Article 112(1) of the Act comprehensively provides the types of contribution acts subject to punishment, and the Acts and subordinate statutes which restrictively list those cases which are not considered as contribution acts as provided in paragraph (2) of the Act;