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(영문) 대구지방법원안동지원 2020.12.17 2020고합62
정치자금법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the person in charge of accounting of the candidate E, who was going out in the 21st National Assembly member election B/C election district implemented on April 15, 2020.

1. On May 15, 2020, the Defendant violated the Political Funds Act: (a) made an accounting report with respect to the election of the 21st National Assembly member at the B City Election Commission located in F on May 15, 2020; (b) omitted, on March 18, 2020, the accounting report on the election expenses of KRW 1,560,000, total amount of KRW 3,640,000, and KRW 3,640,000, and KRW 2,000,000, which was donated by G, from March 27, 2020.

2. On May 15, 2020, the Defendant in violation of the Public Official Election Act additionally disbursed 3,640,000 won for election expenses omitted as stated in paragraph (1) as well as 243,540,236 won exceeding 241,00 won, which is the restricted amount of election expenses for the 21st National Assembly members B/C constituency for the 21st National Assembly members, and disbursed 243,540,236 won exceeding 1/200 of the restricted amount of election expenses (excess 2,540,236 won, and 2.108/200 of the restricted amount of election expenses).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as agreement on the amount of election expenses disbursement, political funds revenue and expenditure report, etc., data relating to the omission of accounting report, election campaign manager's report, receipt, photograph, notification of limited amount of expenses, etc. in response to each question by G, H, I, and J;

1. Relevant provisions concerning facts constituting an offense, Articles 49 (1), 40 (1), 40 (1), and 258 (1) 1, and 122 of the Political Funds Act for the selection of penalties, and Articles 122 of the Public Official Election Act for the election expenses;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, among concurrent offenders, the order of provisional payment under the former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of Concurrent Crimes) of the Criminal Act;

1. The scope of punishment by law: A fine not exceeding 30 million won;

2. The Public Official Election Act ("Public Official Election Act") makes decisions on a sentence fair in accordance with the free will of the people and democratic procedures;

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