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(영문) 부산지방법원 2012.11.23 2012고합802
공직선거법위반
Text

Defendant

A As to the crimes of Article 2(a) through (3) of the Judgment of Defendant B and the crimes of Article 3 of the Decision in one year and six months.

Reasons

Punishment of the crime

[2012 Gohap802 and 881] Defendant B registered as a preliminary candidate per Z district in the 19th election of the 19th National Assembly member implemented on April 11, 2012, and failed to obtain a candidate's recommendation. As a result, Defendant B applied for a recommendation of a candidate for the Z proportional representative National Assembly member on March 10, 2012. Defendant B was a person who was elected as proportional representative National Assembly member on March 20, 2012 with the recommendation of a candidate for the Z proportional representative National Assembly member on March 20, 2012 and was elected as proportional representative member on the recommendation of a candidate for the Zbu district on March 20, 2012. Defendant A was a person who participated in the election campaign by establishing organization management and election strategies for Defendant B. Defendant C's spouse as the representative director, Defendant D director of the Corporation, Defendant EF, and Defendant B's volunteer service activities for Defendant B's election campaign.

1. No one shall offer, declare an intention of offering, or promise to offer money, valuables, or other economic benefits, or shall receive the offer or accept the declaration of intention of offering concerning the recommendation of a specific person as a candidate by a political party;

On March 15, 2012, the Defendant received a request from B to the effect that he/she would accept a recommendation from B as a candidate for a local constituency for “ADB” in the Z, the candidate of which was not finally decided at the time, for the Defendant’s recommendation, from B, through AE (the election campaign manager of B) at a “AD” restaurant located within the AC premises located in Yongsan-gu Seoul, Yongsan-gu, Seoul, through the AE (the election campaign manager of B), for the purpose of operating expenses and solicitation.

As a result, the Defendant received KRW 50 million from B in relation to the recommendation of a specific person as a candidate by a political party.

2. Defendant B’s sole criminal conduct

A. The Defendant who provided money related to the recommendation of candidates.

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