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(영문) 서울동부지방법원 2017.02.03 2016고합286
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant was registered as a preliminary candidate for F Party to the election district E for the 20th National Assembly member that was implemented on April 13, 2016.

A political party, candidate, person who intends to be a candidate, chief of an election liaison office, election secretary, chief of an election liaison office, election secretary, accountant in charge, accountant in charge, interviewer, interviewer, etc. shall not offer, manifest his intention to offer, or promise to offer money, goods, entertainment or other benefits to a person who manages and operates a relevant broadcast, newspaper, wire service, magazine or other publications, news gathering, writing or news gathering, or his assistant, in connection with a news, comment, interview

Nevertheless, on August 31, 2015, the Defendant requested 1 to pay money from the reporter of G ( issuer H) company G ( issuer H) in return for publication of the 20th presidential election news articles, and transferred KRW 600,000 to the national bank account in the name of G (J) around August 31, 2015.

Accordingly, the defendant provided money in relation to the reporting of the election to G Co., Ltd. by a person who operates a magazine and coverage report.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. In the application of Acts and subordinate statutes, an investigation report (a report on the extraction of the contents of the Articles of Public Relations of the G preliminary candidate), investigation report (a report on the confirmation of the number of preliminary candidates K, the number of purchase books and the payment amount), investigation report (a report attached to the details of payment of the book value of a preliminary candidate K and A), investigation report (a report attached to the current status of persons subject to G public relations articles and the details of payment, etc.), investigation report (a report on attachment of the e-mail part

1. Article 235 (2) and Article 97 (2) of the Act on the Election of Public Officials in Charge of Crimes and the Election of elective Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the assertion is a stock company as indicated in the facts charged.

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