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(영문) 부산지방법원 동부지원 2015.08.27 2015고단758
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who was born on March 11, 2015 at the election of the head of the above fisheries cooperative (the deadline for candidate registration is February 25, 2015) that was implemented on March 11, 2015 as a member of the DDR in Busan.

An election campaign may be conducted only from the day following the deadline for the registration of candidates to the day preceding the election day, and a candidate shall not provide, or express an intention or promise to provide, money, goods or other property benefits to an elector, his/her family member, elector or institution, organization or facility established and operated by his/her family member during the contribution-restricted period (from 180 days before the expiration date of the term of office to the election day).

1. A crime violating the restriction on election campaign period;

A. On January 11, 2015, around 15:44-15:46, the Defendant phoneed to E members of the Suhyup Cooperative residing in Busan, and carried out an election campaign at a time other than the election campaign period, such as asking for support, stating, “Igreging to the election of the head of the Suhyup Cooperative at once.”

B. At around 15:00 on January 20, 2015, the Defendant, at the F Office located in Busan, carried out an election campaign in a time other than the election campaign period, such as: (a) the F Chairperson said, “F, while going out to the election of the head of the Suhyup Cooperative, he/she is a member of the said Suhyup Cooperative; and (b) resisting him/her of support.”

2. On March 9, 2015, the Defendant committed a violation of the restriction on contribution act: (a) around 19:20, the Defendant provided that he was a packaging horse operator in front of the packing package of “I” located in the Busan H, and (b) that he was an elector as the member of the Suhyup Cooperative and provided KRW 50,000 in cash to J, who was a member of the said Suhyup Cooperative, with a contribution act during the contribution restriction period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the Prosecutor's Office;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and public organizations that choose punishment for the crime;

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