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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
, however, from the date this judgment becomes final.
Reasons
Punishment of the crime
Defendant
A was elected as H market at the fifth local election of Dong-dong local government on June 2, 2010, and Defendant B was sentenced to a fine of KRW 1,500,000 as a crime of violating the Public Official Election Act, which had been going to be a candidate for H market I political party in the five-time local election of Suwon District Court on December 16, 2010.
Defendant
A around 18:00 on October 16, 2009, at the “K cafeteria” located in J, A attended the conference space of L, the owner of the above cafeteria, and his son, and provided a prior election campaign by asserting support for his H market going out, and paid KRW 500,000 to M, who is the wife of L.
1. After the Defendant was elected to H market in the 5th regional election of Dong-dong local government, the investigation of the Defendant was commenced with N's information that was the participants of the above K cafeteria meeting, and on August 2010, the Defendant stated that B paid the food expenses of KRW 500,000 to B in order to avoid the suspicion of having paid the food expenses, and caused B to have the Defendant make a false confession. The Defendant sent B's request to L couple for the Defendant, and the above M accepted the proposal with the answer that "N recorded and sent it to L's market." In conclusion, the Defendant stated that B, L and M paid the food expenses of KRW 500,000 to the Defendant."
Therefore, on August 20, 2010, the Defendant made a false statement that “B paid food expenses of KRW 500,000 to the police station investigation and statement recording room located in H police station in H, which was located in H, stating that “B paid food expenses of KRW 500,00.”
As a result, the defendant instigated B to escape a person who commits a crime corresponding to a fine or heavier punishment.
2. Defendant B was well aware of the fact that the H police station investigation and statement recording room located at H on August 20, 2010 provided food KRW 500,000 to K cafeterias.