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(영문) 대전지방법원 홍성지원 2018.12.18 2018고합97
공직선거법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall make contributions to a candidate or political party to which he belongs in connection with an election from 180 days before the election day to the election day.

Nevertheless, the Defendant introduced the 7th simultaneous elections from June 6, 2018 to June 19:30 to 19:50 during the period from the election day to June 6, 2018, the Defendant: (a) introduced the 10 candidates G of E political party heads of E and the 10 residents of the electoral districts, including D, from “C cafeteria” located in Chungcheongnam-nam, to the election day; (b) had the said candidates know of the election campaign promises and appeal for support; and (c) settled the amount of KRW 134,00 by a new card with the Defendant’s name.

Accordingly, the defendant made contributions to the election for the candidate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Each police statement made to J or D;

1. A criminal investigation report (Attachment, such as photographs and studs ofCCTV analysis data and caps) and a criminal investigation report (specific to donations);

1. The application of the Acts and subordinate statutes governing the search and seizure verification warrant, the cases of answers to a warrant of search and seizure, the list of persons related to election affairs and the payment of allowances, reply to a request for the provision of financial transaction information, investigation report (execution of a warrant of search and seizure), photograph (15), the photograph of the CCTV image-capfing (4), the currency record data (3 copies), and the C cafeteria photograph of a cafeteria;

1. Article 257 of the Act on the Election of Public Officials and Articles 257 (1) 1 and 115 of the Act on the Election of Public Officials in Charge of Criminal Facts (a comprehensive selection of fines);

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

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

1. Penalty of a fine not exceeding 50,000 won to KRW 10,000; and

2. Violation of restrictions on the prohibition of contribution acts of election crimes according to the sentencing criteria.

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