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(영문) 광주지방법원 장흥지원 2018.11.27 2018고합28
공직선거법위반등
Text

Defendant

A shall be punished by a fine for negligence of 800,000 won and by a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has fallen in the election district of a member of the local election D at the same time on June 13, 2018, which was implemented on June 13, 2018, as a candidate for E party, and the defendant B is the person in charge of accounting of the above A.

1. No political party, candidate, chief of an election liaison office, accountant in charge, or accountant in charge of accounting affairs of the Defendants shall disburse election expenses in excess of 1/200 of the amount limited to election expenses publicly announced by the Public Official Election Act;

Nevertheless, from April 2, 2018 to June 12, 2018, the Defendants spent more than 1/200 (190,000 won) of the total amount of 38,910,250 won (190,000 won in excess of 910,250 won in excess of 2,190,000 won in the election campaign office of Defendant A, which was located in South F, with the election campaign office’s installation cost of 2,190,000 won, and election cost of 6,00,000 won in the election campaign bulletin design, and of 6,842,000 won in the election campaign bulletin design, which was published by the G Election Commission.

As a result, the Defendants conspired to disburse election expenses in excess of 1/200 of the restricted amount of election expenses announced by the Public Official Election Act.

2. A candidate or preliminary candidate to run in an election for public office for a single criminal defendant A shall disburse election expenses with his/her own property, and shall not disburse election expenses without going through the person in charge of accounting, even where such expenses are paid with his/her own property;

Nevertheless, on May 28, 2018, the Defendant deposited the purchase cost of KRW 174,00,00 in the cash account (K) in the name of the KJ for the cash bank account owned by the Defendant, which had been holding KRW 174,00,00, such as Titts for election campaign, from around 15:55, the Defendant deposited the purchase cost.

As a result, the Defendant spent election expenses, such as Trts for election campaign, without going through a person in charge of accounting.

Summary of Evidence

No. 1 of the Judgment

1. Defendants’ respective legal statements

1. A written accusation of the G Election Management Commission;

1. An agreement on election expenses expenditure, and revenue and expenditure of political funds;

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