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(영문) 부산지방법원 2016.10.26 2016고단5022
정치자금법위반
Text

A fine shall be imposed on the violation of the Political Funds Act due to the failure of the Defendant to make an accounting report on election expenses.

Reasons

Punishment of the crime

The defendant was a candidate who was standing as a Cparty in the Busan District in the election of the National Assembly member of the 20th local constituency implemented on April 13, 2016 and was in charge of accounting at the same time.

The person in charge of accounting of a candidate for an election for public office shall make an accounting report on the revenues and expenditures of election expenses and political funds other than election expenses not later than 30 days after the election day.

Nevertheless, by May 13, 2016, the Defendant did not make an accounting report on the revenues and expenditures of election expenses and political funds, other than election expenses, to the competent election commission, without justifiable grounds, until 30 days after the election day.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. An application for candidate registration - Public announcement of candidate registration;

1. A report on the appointment of an accountant in charge-the application of statutes;

1. Articles 49 (1), 40 (1) (the fact that an accounting report on election expenses is not performed), 46 subparagraph 5, and 40 (1) (the fact that an accounting report on political funds disbursement is not performed) of the Political Funds Act concerning facts constituting an offense, and the selection of each fine;

1. Article 18 (3) and (1) 3 of the Public Official Election Act (the crime of violating the Political Funds Act due to the failure of the accounting report on the election expenses at the time of sale and the crime of violating the political funds due to the failure of the accounting report on the expenditures of political funds as indicated in the holding shall be

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a candidate for an election of National Assembly members at the same time, and the defendant, a person in charge of accounting, did not make an accounting report as above. The sound development of democratic politics by guaranteeing the appropriate provision of political funds, ensuring transparency by disclosing the details of revenue and expenditure, and preventing irregularities related to political funds.

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