208Gohap40

1. Stamb○○ (0000-nam), construction business;

Gwangju Northern-gu

2. 김ㅇㅇ (0ㅇㅇㅇㅇ0-남자 ), 무직

Magnam-nam Housing District

3. Ma○○ (0000-00) and non-occupationals.

Gwangju Northern-gu

4. Si-Gun (0000-00) and non-permanent office in Do.

Gwangju Seo-gu

5. 임ㅇㅇ (000000-남자), 무직

Gwangju Northern-gu

Kim

Attorney Kang OO (for the defendant)

March 27, 2008

Defendant Park Jong-○ was punished by imprisonment for 6 months, by a fine of 2,000,000 won for each of the following:

Defendant 1 was punished by a fine of 700,000 won and a fine of 500,000 won for Defendant 1

(c)

In a case where Defendant ○○○, ○○, △△, and △○ fail to pay the said fine.

Each gold of 50,000 won shall be confined in the workhouse for a period of one day converted.

However, with respect to the defendant Park ○, the execution of the above punishment for one year from the date this judgment became final and conclusive.

example.

Defendant ○○○, ○○, △○, △△, and △○○, an amount of money equivalent to the said fine.

shall issue an order of payment.

Criminal facts

피고인 박○○은 제17대 대통령선거 이○○ 후보 광주지역선거대책본부장이 고 , 피고인 김○○은 위 이ㅇㅇ 후보 전남지역선거대책본부장이고, 피고인 유이 이는 위 이ㅇㅇ 후보 광주지역선거대책본부 여성위원장이고, 피고인 박☆☆과 피고인 임○○은 각각 위 이ㅇㅇ 후보 광주지역선거대책본부 소속 팀장이다.

No person shall provide, express an intention to provide, or promise to provide, money, goods, or other benefits in connection with an election campaign under the pretext, such as allowances, actual expenses, and other compensation for volunteers, except where he/she provides allowances, actual expenses, and other benefits under the Public Official Election Act.

피고인 박○○, 김ㅇㅇ, 유○○는 2007. 11. 중순경 이○○ 후보의 선거운동을 위하여, 합법적인 수당 · 실비 지급이 가능한 '선거관리위원회 정식등록 선거운 동원' 과 순수한 ‘무급직 자원봉사자' 를 모집하는 외에, 비합법적인 대가의 지급 요구가 당연히 예상되는 유급직 자원봉사자'까지 모집하기로 뜻을 모았다 .

피고인 박☆☆, 임○○ 등 선거운동 종사자들은 그 무렵 피고인 박○○, 유이 ○ 등으로부터 자원봉사자 모집지시를 받고 평소에 알고 지내던 임OO, 조OO , 정OO , 윤00, 문00 등에게 연락하여, “실비는 얼마를 줄지 모르나 이ㅇㅇ 후 보 선거사무실에서 자원봉사를 해 달라”, “선거운동을 도와주면 어느 정도 대 가를 지급하겠다”, “선거 후에 통장으로 돈을 입금해 주겠다”, “이○○ 후보를 위해 선거운동을 하는데 생각이 있으면 자원봉사를 해 달라, 나중에 좋은 일이 있을 것이다”, “집에서 노는 것보다 이○○ 후보 선거사무실에서 자원봉사를 하는 것이 좋지 않으냐, 나중에 교통비라도 줄 것이다” 라고 말하는 등 유급 자 원봉사를 제의하여 2007. 11.28.경까지 임00, 정00 , 조OO , 정OO , 윤00, 문 00, 이OO 등을 자원봉사자로 모집한 후 , 피고인 박○○ 등 선거대책본부측의 지시에 따라 위 자원봉사자들의 이력서 및 통장사본을 광주 동구 0004가 이 ○ 빌딩 5층에 있는 이○○ 후보 광주·전남지역선거대책본부 (이하 '선거대책본 부'라함) 사무실에 제출하였다.

After that, the above 00, MaO, MaO, Ma00, Ma00, Ma00, Ma00, and Ma00 were not registered as a regular election campaign member at the election management committee meeting of the election management committee, according to the specific work order of Defendant U.S. ○○. From November 28, 2007 to December 10, 2007, the above Mao-○ and Mao-○ were present at the office of the above election management headquarters and was present at the inquiry on the progress of Defendant U.S. ○ and Kim○-○, and was engaged in an election campaign for this ○○ candidate by means of preparing and submitting the elector’s name list (name and contact address) for telephone publicity, mobilization of the number of persons at the place of tax payment, and

In the above election campaign process, volunteers registered as regular election campaign workers such as above 00, 100, 100, 200, 200, 300, 200, 200, 200, 200, 300, 200, 200, 200, and 30,00, and 30,000 are requested several times to register as a regular election campaign worker on the side of the election campaign countermeasures headquarters because there is concern about the discrimination treatment with the registered election campaign team mobilization (the allowance of 30,00 won + KRW 40,00,00) or about the unpaid allowances, and each time, Defendant 20, 200, 300, 300 and 300 are requested to register as a regular election campaign worker.

However, on December 11, 2007, Defendant Park ○○, U.S. notified that he would no longer work at the office of the election countermeasure headquarters for reasons of the absence of the above resources, and that he would pay the said 00, U.S., 00, U.S., 00, 00, 00, 00, 00, 00, 00, 00, OO, and O, etc., which had not been paid for the election campaign at all up to that point from December 12, 2007 to December 13, 2007. At that time, Defendant U.S. government strongly demanded the payment of the cost that he worked at the office of the above election countermeasure headquarters, and at that time, Defendant U.S. head said that “I would make an election campaign at the mother’s own expense.”

As a result, the Defendants conspired to offer money, goods, or other benefits in connection with the election campaign, or promised to offer them.

Summary of Evidence

1. Defendants’ legal statement

1. Not more than the omission;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 230(1)4 of the Public Official Election Act, Article 30 of the Criminal Act (Defendant Park ○: Imprisonment)

Selection, Defendant Kim○-○, ○○○, Park Dong-dong, and Cheong-○: Selection of each fine)

1. Detention in a workhouse;

Defendant ○○, ○○, Do-dong, and Do-dong: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Park ○: Article 62(1) of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing);

Defendant ○○, ○○, Do-dong, and Do-dong: Article 334(1) of the Criminal Procedure Act

Defendant Park ○-○’s reasons for sentencing

In principle, in the Public Official Election Act, freedom of election campaign is recognized in principle, but the purport of various restrictions is to promote the development of genuine democratic politics by guaranteeing equal opportunities for each candidate and allowing fair competition. The legal provisions applied in this case also are very meaningful provisions as a provision to realize such purpose.

However, Defendant 00 was at the location of the head of the headquarters, who is the general manager of the election campaign headquarters in the area where ○○○○, etc. had been engaged in activities as election campaign workers, and was well aware that he could not engage in an election campaign through recruitment of election campaign workers other than 'specific election campaign workers' and purely ‘ungraded volunteers' as recognized by this court. Nevertheless, the above Defendant recruited 'unregistered election campaign workers through ○○, etc., who had been in charge of subordinate organization of the above election campaign headquarters, and expressed his intention to treat them as paid election campaign registration workers several times. Also, Defendant 00 had expressed his intention of '○○○○○'’’’’’’’’’’ crime of this case, in light of the aforementioned various circumstances, such as '○○○○○○○○’’’’’’’’’s statement in each of the election campaign districts and the above fact that the above election campaign workers had been sentenced to punishment for violating the Criminal Act, and thus, it seems that it was consistent with the aforementioned election campaign period.

It is so decided as per Disposition for the above reasons.

Lee Jae-chul (Presiding Judge)

Dried Jins

Kim Young-young