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(영문) 창원지방법원 진주지원 2015.02.12 2014고합131
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall offer, manifest an intention to offer, or promise to offer money, goods, entertainment, or other benefits to a person who operates or manages a broadcast, communication, magazine, or other publications, or a person who gathers, gathers gathering, writes, or reports, for an election campaign, and a person who intends to become a candidate shall not make a contribution to a person in the relevant constituency, or an institution, organization, facility, or any other person who is related with the electorate even if such person is outside the relevant constituency, or an

The defendant is the chairperson of C organization and the person who intends to become a candidate for the election district D of the 6th nationwide City/Do local election, which is held on June 4, 2014.

On February 20, 2014, the Defendant provided F with KRW 1 million in cash through G for the purpose of gathering the information on six programs, including the green tea market operated by the E company news reporting bureau in 2013, in front of the Hadong-dong, Sindong-dong, Seodong-dong, Chungcheongnam-dong, Chungcheongnam-do, the lower court held that F, the director of the E company news reporting bureau, had suspicion of embezzlement in relation to the six programs, including the green tea market operated by the E company in 2013, and that if a criticism engineer for the operation of the C organization is reported, it may interfere with the Defendant’s election campaign.

As a result, the Defendant provided money to a person who edits, gathers materials, writess, and reports a broadcast, newspaper, etc. for an election campaign, and made a contribution to the relevant electorate and the relevant F.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G, H, I, and J's testimony;

1. The police statement concerning F;

1. Collecting information around candidates expected to be a local election, such as a written accusation, a written investigation report, a register of those present at a presentation session for guidance of candidates;

1. Name cards, photographs, and copies of passbooks;

1. Application of the Act and subordinate statutes on Criminal Investigation Report (Attachment to Information Disclosure Data on Candidates by National Election Commission for Suspects)

1. Article 257(1)1 and Article 113 of the Public Official Election Act for criminal facts, Article 235(1) and Article 97 of the Public Official Election Act for the sake of criminal facts.

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