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(영문) 서울남부지방법원 2015.01.22 2014고합508
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

The defendant was elected by going to the election district for a National Assembly member E-election of Yangcheon-gu Seoul Metropolitan Council on June 4, 2014 at the 6th nationwide local election conducted on June 4, 2014.

From October 202, the Defendant was under the control of the police on the crime of “a person who conspired with the employer H on May 10, 2005 and provided a place for sexual traffic by receiving KRW 30,000 won per time from the Iel on May 10, 2005.” On September 7, 2005, the Defendant received a summary order of KRW 1,50,000 as a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Seoul Central District Court.

around that time, the above summary order was served on the defendant's domicile, and on October 1, 2005, the defendant did not request formal trial, and the defendant paid a fine of KRW 1.5 million to the Seoul Central District Prosecutors' Office on November 17, 2005.

Nevertheless, on May 23, 2014, the Defendant sent 22,127 copies of the book-type election campaign bulletins to the electors via the Yangcheon-gu Seoul Election Commission, stating that “The case occurred at a lodging establishment of a person who is unrelated to the lower, and a fine is imposed under a summary order,” in relation to the criminal record of the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. among the information disclosure data on candidates.”

Accordingly, the defendant published false facts about criminal records for the purpose of election.

Summary of Evidence

1. Partial statement of the defendant;

1. Data on information disclosure of candidates;

1. Progress of a trial on the request for formal trial and recovery;

1. A copy of the case invoice;

1. Demand for the recovery of the right to request formal trial and the immediate appeal;

1. One copy of each written request for cooperation in investigation and reply;

1. Decision to dismiss an application for formal trial and recovery;

1. Decision on dismissal of an immediate appeal against a decision on the restoration of the right to request formal trial;

1. Copy of the summary order of the case 2005 Highest 35698;

1. Requests for cooperation in investigation (verification of details of penalty and penalty) and replies;

1. International telecom.

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