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(영문) 춘천지방법원 강릉지원 2019.09.05 2019고단647
공공단체등위탁선거에관한법률위반
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was a member of the Association B, and the Defendant was released as a candidate from the election of the head of the Association B on March 13, 2019, and was not a candidate.

1. No one shall conduct an election campaign in any way, except where the candidate gives the election campaign under the regulations of the candidate who violates the main body of the election campaign;

Nevertheless, at around 20:06 on March 8, 2019, the Defendant called “C at once” to E (F) of the members of the cooperative residing in C at the time of three-dimensional scambling time, and claimed support for C by phoneing five members as shown in the attached list of crimes on the same day.

Accordingly, the defendant carried out an election campaign even though he is not a candidate.

2. No person who violates a restriction on contributions shall make contributions for a candidate in connection with an entrusted election from September 21, 2018 to March 13, 2019, which is the period subject to the restriction on contributions;

Nevertheless, the Defendant, in relation to the election of B head of the association, thought that the Defendant would offer the head of the Gu to G who is a member of the association in order to ensure that C will be elected. On March 10, 2019, the Defendant set up the Defendant’s SM5 car in front of the “J” operated by G in the vicinity of H at C on March 10, 2019, and sent G by telephone, and “C candidate will be able to live with B association if he is elected, and will well request it.” In addition, the Defendant, at approximately KRW 50,00 of the market price, 1 disease was put to G.

Accordingly, the defendant made a contribution act for the candidate C in relation to the election of the president of the B association during the contribution-restricted period.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police protocol of statement of G, K, E, L, and M;

1. N’s statement;

1. A written accusation;

1. An application for candidate registration;

1. Answer to a request for cooperation with investigation;

1. Investigation report (a confirmation of a suspect A on a person who takes hand with a cellphone);

1. The report of investigation shall be sent by the suspect.

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