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(영문) 광주지방법원 2014.12.05 2014고합473
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was a person in charge of accounting of D, who was withdrawn from the 6th local election of Dong-si to C/Gun candidate in the c/Do election of Dong-si.

Political parties, candidates, election campaign managers, chief of the election campaign liaison office, accountant in charge, or accounting assistant shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses announced publicly pursuant to the provisions of public announcement of restricted amount of election expenses

From April 7, 2014 to June 3, 2014, the Defendant spent 118,197,670 won (excess amount 2,197,670 won) in excess of 1/200 (580,000 won), which is the limited amount of election expenses in C/Gun, while managing the revenue and expenditure of election expenses at the D candidate election office located in Vietnam.

Accordingly, the defendant spent election expenses exceeding 1/200 of the limited amount of sentenced expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the person in charge of accounting, written appointment agreement, credit card copy, and revenue and expenditure report;

1. Relevant provisions concerning facts constituting an offense and Article 258 (1) 1 of the Public Official Election Act (Selection of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing order of provisional payment is that the Public Official Election Act limits the amount of election expenses to prevent unfair elections from being held between candidates depending on economic differences, but the nature of the crime is not somewhat weak due to excessive disbursement of election expenses as an accountant in charge.

On the other hand, the fact that the defendant is seriously against the crime of this case, that the defendant has no record of criminal punishment, that the crime of this case is attributable to the defendant's experience in the accounting affairs related to the election, and that the crime of this case seems to have a significant impact on the election of this case is favorable to the defendant.

The above circumstances, the age and character of the defendant, etc.

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