Text
The sentence against the accused shall be five million won or more.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On June 13, 2018, the Defendant was a person who was born as a candidate to be a member of the C constituency of the 7th local election district of Dong-si nationwide, which was implemented on June 13, 2018.
Except for the cases of offering allowances, actual expenses, and other benefits under the Public Official Election Act, no one shall offer or express an intention to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext such as allowances, actual expenses, other compensation for volunteer service, or promise, direction, solicitation, mediation, demand or receive such offer.
Nevertheless, on June 15, 2018, the Defendant sent KRW 600,000,00 to all five persons, including the Defendant’s house located in Kangwon D, and five persons, such as F residing in E, and working as election campaign workers, to enter into an election campaign at the close weather during the period of the election campaign, and as a response to this, it is highly high that the Defendant did not have a pro rata relationship with the Defendant, and as a result, transferred KRW 60,00,00,000 to F and G, including the compensation for the use of the vehicle, and remitted KRW 400,000 to H, I and J, respectively.
Accordingly, the defendant provided 2.4 million won to 5 people such as F in relation to the election campaign.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the respective police protocol protocol to F, H, I, G, and J
1. Relevant Article 230 (1) 4 and Article 135 (3) of the Public Official Election Act concerning criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the punishment of Articles 70(1) and 69(2) are for the provision or acceptance of minor money, goods, etc. in the form of mitigation (one million to five million won in case of special mitigation) (one million won in case of special mitigation) in the area of mitigation (one million to five million won in case of purchase in case of a political party).