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(영문) 서울서부지방법원 2018.10.26 2017고단409
정치자금법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In the 20th National Assembly election conducted on April 13, 2016, the Defendant was a person who was born as a candidate for a political party C in the Pyeongtaek-gu constituency B election.

Where any candidate to run in an election for public office pays his deposit money with support payments of supporters' associations or subsidies from political parties or receives refund or compensation for election expenses pursuant to the provisions of the Election for Public Service Act, the candidate recommended by a political party shall transfer his/her deposits to the political party to which he/she belongs within 20 days from the date the election expenses are compensated for, and where he/she fails to transfer his/her deposits to the political party to which he/she belongs within the deadline of transfer, he/she shall revert

On May 10, 2016, the Defendant received refund of KRW 15,000,000 from the Eunpyeong-gu Election Management Members' Council at the time of candidate registration, and the same year.

6. 10. Election expenses paid by the election management members' meeting of Eunpyeong-gu for the election campaign: 134,233,210 won in total and received 149,233,210 won.

The defendant is not transferred KRW 34,109,620, after deducting KRW 115,123,210, which is the expenses paid by the defendant as the property of the defendant, from among the above KRW 149,23,210 until June 30, 2016 when he/she received the deposit money from the Eunpyeong-gu Election Management Committee member's election management member's meeting, and was compensated for election expenses. However, he/she did not transfer KRW 34,109,620 to C,

Summary of Evidence

1. Statement by the defendant in court;

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

1. Guidance, such as accepting, transferring, etc. the refunded deposit money and preservation expenses, and the application of Acts and subordinate statutes governing the receipt of public documents;

1. Article 48 subparagraph 4 of the Political Funds Act, Article 58 (4) and Article 58 (1) of the same Act concerning the facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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