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(영문) 서울중앙지방법원 2015.02.04 2014고단9710
사기등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the representative of H Co., Ltd. who was supplied to Defendant A an election tax vehicle, etc. in the local election on June 4, 2014.

The Defendants knew that the ratio of votes obtained by the candidate to the valid votes is more than 10/100 but less than 15/100 of the total valid votes, and Defendant A conspired to write off the supply price of the vehicle for election campaign in order to obtain more amount than the actual amount to be compensated than the amount to be compensated by the candidate's 50% of the election expenses paid by the candidate, from the 6th local election Chungcheong NorthG election to the 13.63% votes obtained from the 6th local election.

Defendant

A, around May 22, 2014, the Defendants agreed to receive KRW 15 million from H to supply KRW 180,000,000,000,000 from Company H, but the Defendants deposited KRW 168,004,573, which is the amount excluding all kinds of deductions, out of 50% of the application amount at the expense for the maintenance of a floating vehicle, from the election commission on July 31, 2014, in order to receive more than the amount of preservation by deceiving the election commission at an officetel temporarily residing in the election period by Defendant A of the fourth floor in the Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.

As a result, the Defendants conspired to make false statements in receipts on election-related funds or other documentary evidence, and deceiving the election commission to acquire 168,004,573 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. A contract for supply of goods (63 pages of investigation records);

1. H trade details of the company;

1. Statement on the decision to pay election expenses, and details of detailed deduction;

1. Application of Acts and subordinate statutes demanding election expenses coverage;

1. Article 49(2)6 and Article 39 of the Political Funds Act, Article 30 of the Criminal Act, Article 347(1) and Article 347 of the Criminal Act concerning facts constituting an offense (defendants)

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