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(영문) 서울남부지방법원 2018.01.18 2017고합511
공직선거법위반등
Text

Defendant shall be punished by a fine of KRW 900,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was a 19th presidential election, which was held on May 9, 2017, and went out to a candidate of a political party C and went out.

Except in cases where allowances, actual expenses, and other benefits are provided pursuant to the provisions of the Election of Public Officials Act, no money, valuables, or other benefits shall be provided in connection with the election campaign regardless of the pretext, such as allowances, actual expenses, and compensation for volunteers, and only the person in charge of accounting may receive and disburse the political funds of a candidate for an election of public officials, and where a person in charge of accounting receives and disburse political funds, it shall be made through a deposit account reported to

Nevertheless, the Defendant does not go through a person in charge of accounting at the “E” office operated by the Defendant located in the Geumcheon-gu Seoul Metropolitan Government D, and from April 27, 2017, the Defendant does not go through a person in charge of accounting.

5.2. To pay 420,000 won in excess of 980,000 won for statutory allowances and actual expenses to F, until the end of the same year and to pay 4.2 million won for the period from April of the same year;

5. up to August, 200, the election commission G additionally paid 270,000 won exceeding 630,000 won of statutory allowances and actual expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to each police statement made to F, G, H, and I, investigation report (including attachment of response materials to the Central Election Management Committee, accompanying materials, and accompanying materials);

1. Article 230 (1) 4, Article 135 (3) (including the provision of money or goods related to election campaign, and the recipient thereof) of the relevant Act concerning the facts constituting an offense, and Articles 49 (2) 3 and 36 of the Political Fund Act (the disbursement of political funds not by a person in charge of accounting, including the point of disbursement of political funds, and the choice of fines); and

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with punishment determined for a violation of the Election of Public Officials related to the largest period of punishment);

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

1. Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the “Criminal Procedure Act”) shall apply to the accused and his defense counsel;

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