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(영문) 청주지방법원 충주지원 2019.01.24 2018고합71
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an accountant in charge of the election campaign office C of the election campaign office elected in the 7th local election of Dong-si local government, which was implemented on June 13, 2018.

Political parties, candidates, election campaign managers, chief of the election campaign liaison office, persons in charge of accounting, or assistants in financial affairs shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses publicly announced pursuant to Article 122 of the Public Official

Nevertheless, the Defendant, as an accountant in charge of the above election campaign office from April 1, 2018 to July 1, 2018, spent 126,740,843 won in excess of 123,00,000 won (615,000 won) and above 126,740,843 won, which was the restricted amount of election expenses announced by the D Election Commission, as election expenses, while taking charge of election expenses disbursement affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the accusation book, a copy of the report on the appointment of a person in charge of accounting, a copy of the agreement on the appointment of an accountant in charge, a copy of the election expenses disbursement agreement, a copy of the report on the revenue and expenditure of political funds, the election campaign office signboard, the signboard board, the evidential data on the claim for the preservation of banner, the report on the revenue and expenditure of political funds of

1. Relevant provisions concerning facts constituting an offense and Article 258 (1) 1 of the Public Official Election Act (Selection of Fines);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Scope of recommendations according to the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: Election expenses to be paid by the defendant, as an accountant in charge of the candidate B in charge of the election, in excess of 1/200 of the restricted amount of election expenses, in order to ensure that the election is held fairly in accordance with the free will of the people and democratic procedures, and to prevent an illegal election.

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