2010Gohap163 Violation of the Public Official Election Act

1. Gam (55 years old), OO;

2. Ma○ (51 year old),O;

Kim Dok-do

Law Firm Newcheon, Attorney Yoon Young-young (for the purpose of defendant Park O, Counsel for the defendant-appellant)

Attorney Seo Jong-am, Counsel for the defendant-appellee (for the defendant-help ○○)

April 28, 2011

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the defendants fail to pay each of the above fines, the period of 50,000 won converted into one day.

Defendants are confined in the workhouse.

To order the Defendants to pay an amount equivalent to the above fines.

Of the facts charged in the instant case, due to the payment of the vehicle subsidy on March 31, 2010 to Defendant Park 00

The violation of the Public Official Election Act is acquitted.

Criminal facts

Defendant Park 00, on October 2006, was elected and held as ○○○○○ by a by-election for Jeonnam ○○○ around October 2006, and on June 2, 2010, OO in a by-house nationwide local election (hereinafter referred to as “five-time local election”).

(U) A person re-selecteds as a master, and the defendant Cho-○ is a master reporter of the ○○○ Military Service (a person who enters the ○○ Military Service) and a person who acts as the president of the ○○○ Marine Corps of the Republic of Korea (hereinafter referred to as the "○○ Marine Corps").

Even if a person in the relevant constituency or an institution, organization, or facility, or a person who has relations with the electorate, or an institution, organization, or facility, shall not make a contribution, and no person shall receive a contribution from a person whose contribution is restricted in connection with the election, or solicit or demand a letter of contribution.

1. Defendant’s gambling ○

(a) Supporting offices of the Marine Corps ○○○○○○○○○○○○○○○;

From the end of December 2008, Defendant Park Jong-○ received several times from his grandchildren, who are members of the Marine Corps ○○○○○○○○○○○ Association of the Marine Corps (hereinafter referred to as the “OO Navy”) and from Defendant Cho○○○○, a request was made to support the container office to be used by the ○○ Military Association. Defendant Park Jong-○ had the ○○○○○○○○○○○○○ Office applied for the budget to the ○○○○○○○ Office under the name of “establishment of the office office for the voluntary crime prevention.”

around July 2009 and around August 200 of the same year, Defendant Park ○○-gun’s budget was allocated to ○○○○○-gun’s budget to install a container office equivalent to KRW 17.4 million and a signboard equivalent to KRW 2.6 million on the public waters located in ○○-gun’s ○○○○-gun’s ○○○-gun’s ○○○-gun’s ○○○-gun’s ○○○-gun’s ○○○-gun’s ○○○○-gun’s ○○○-gun’s ○○○-gun’s ○○○-gun’s office.

(b) Providing toilet support to ○○ Military Service or the Korean War Veterans Association;

From November 2009, Defendant 1 received request from Defendant 1 to install toilets on the side of the office of the ○○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Do, through the development of the books and so on.

Defendant Park 00 delivered KRW 10,000,000 in the budget of this ○○-gun under the name of ○○○-gun toilet repair work around December 209, and around August 2010, Defendant Park Jong-gun allocated KRW 10,000,000 in the budget of this ○○-gun under the name of ○○-gun’s project for improving the surrounding environment in the ○○-Myeon site, so that toilets can be installed next to the office of the ○○ ○○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Man, which was completed by the rest of September 2010 in which the toilet work was completed.

2. Defendant’s protocol 20

A. Demanding the provision of an office to the ○○ Maritime Association;

From the end of December 2008, Defendant ○○ demanded from the end of December 2008 to support the container office to be used by the ○○ Military Service Association.

around July 2009 and around August 1, 2009, Defendant 1-A, as described in the above 1-A of the same year, allocated ○○-gun’s Socksan to ○○○○○○○○○○○, and offered ○○○○’s office, etc., which takes up KRW 20 million in total, from September 2009 to around the end of the same year, for the establishment cost of the ○ ○ Maritime Track’s Association.

As a result, Defendant ○○ had ○○ Military Service Association receive free of charge ○○ Military Service-related offices, etc. established as above.

B. Demanding the provision of toilets to ○○ Military Service or the Korean War Veterans Association;

From November 2009, Defendant 1, 2009, from around 2009, Defendant 2 demanded Defendant Y○ to install toilets on the side of the office of the ○○ Maritime Police Association, which was installed as above.

Defendant Park Jong-○, on December 2009, allocated KRW 10 million in the budget of ○○○-gun under the name of “○○○ toilet repair work”, and around August 2010, Defendant Park Jong-○, respectively, allocated KRW 10 million in the mountain of ○○-gun, under the name of “project to improve the surrounding environment in the ○○ seat” around August 2010, and provided the ○○○ Hospital, which is worth KRW 19.22 million in the installation cost of the ○○ Hospital, from mid- September 2010, to the ○ Military Hospital, without compensation.

As a result, Defendant ○○ had the ○○ Military Service Association receive the above-mentioned ○○ Military Service circuit by free of charge the toilets installed by the ○ Military Service.

(c) Demanding the provision of a subsidy for vehicles by the ○○ Military Service Corps;

From February 2010, Defendant ○ demanded from ○○○○ to provide subsidies to purchase pre-use vehicles to be used by the ○○ Military Service Association.

On March 24, 2010, Defendant ○○ requested the ○○ Military Office’s military room to provide the above subsidies, and around the 31st day of the same month, Defendant ○○○○○○○○○○○○○○ to transfer KRW 35 million from the ○○ Military Office as the above subsidies.

Summary of Evidence

1. Part of the legal statement of the defendant Park ○ and the witness Kim Jong-young (seven times);

1. Statement made by the defendant ○ in the first trial record; and

1. Partial statement of the witness ○○ in the third protocol of the trial;

1. In the fourth trial records, some of the statements made by the witnesses in the △△, △△, and △△△;

1. Partial statement of the witness ○○○ in the fifth trial record;

1. Entry of each part of the protocol of interrogation of the suspect against Defendant ○○ in each prosecutor’s office (new ○○’s statement book);

Sectorincluding Sector)

1. Each prosecutor's protocol of statement of the highest △△, △△, △△, and △△;

1. The written statement of each prosecutor's office against Kim Jong-si and the highest prosecutor's office of the prosecutor's office is written (the statement of the △△, Cho Jong-○);

Each part including each part)

1. Each written statement by the prosecutor of the prosecution against Kim Jong-young and Cheong-gu;

1. A written statement on the place;

1. The Marine Corps’s ○○○○○, ○○○○, a photograph of the Marine Corps’s signboards, and the Marine Corps’s ○○○○○○○, a signboard metal; and

Maliscopeic photo

1. A copy of the completion inspection, copy of the notification of additional support to the establishment budget of an office for voluntary crime prevention, ○○○ voluntary crime prevention;

A copy of the request for additional allocation of the budget for the establishment of the office, ○○ Voluntary Crime Prevention Office's provision of subsidies for the establishment of the office.

Copy of the proposal to establish an office for voluntary crime prevention;

1. Requests for cultivation related to respective island development projects, implementation of cultivation related to island development projects in 2009, 2010;

Implementation of the cultivation of a resident accommodation project;

1. A criminal investigation report (a copy of official document related to budget cultivation) and a criminal investigation report (the office electricity data of the Marine Corps);

Attachment, a copy of a receipt of sewage use fees, and a water supply system installation guidance for the disposal of single water due to delinquency in water supply

Copy of the text, a copy of the comprehensive inquiry document for electrical customers;

1. Investigation report (in relation to the assignment of the budget to the ○ toilet for public use, a copy of the official document attached), second cultivation official document (○○, and this document);

A copy of each ○○ Military) and each copy of each second arable Colon (○○, ○○, ○○).

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant 00: Articles 257(1)1 and 113(1) of the Public Official Election Act (each candidate)

(2) Violation of the restriction on contribution, and each fine)

(b) Defendant Cho-○: Article 257(2) of the Public Official Election Act (the point of a request for each contribution act, and each fine);

Punishment Selection)

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Defendant Park ○○)

A crime of violation of the Public Official Election Act due to support to the office of ○○ Maritime Society (hereinafter referred to as the "Public Official Election Act") with a heavier criminal situation.

with respect to the penalty set forth in the section, the vehicle of the ○ Maritime Police Team with the largest criminal situation

Public Official Election Act due to the request for the original subsidy shall be subject to each concurrent offender specified in the crime of violating the Public Official Election Act

1. Detention in a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judgment on Defendant Park ○ and his defense counsel’s assertion

1. The defendant Park ○ and his defense counsel's assertion

A. As to the crime No. 1-A of the judgment

In addition to the facts stated in the instant criminal facts, the office of the ○○ Navy was established with the ○○ Military budget. However, Defendant Park ○ did not instruct the ○○○ Gun to apply for the budget under the name of the establishment of the office of the ○○○ Voluntary Security, and only knew that the office of the ○○ Military Security was established at the time of the electronic approval on the case of the office of the ○○ Military Security Association, and was not aware of the fact that the office of the ○○ Maritime Security Association was established. Thus, Defendant Park ○ is not guilty.

B. As to the crime No. 1-b.

Defendant Park Jong-○ did not request the upper ○○○○○○○ or the Dok○○ to install a toilet at the ○○ Da○ Military Station, and this was made without the involvement of Defendant Park Jong-○, which was the fact that the upper ○○○ requested the budget to the upper ○○○○○○○○, after making a budget request on the development of the books of ○○ Gun, and had the upper ○○○○○○○○○○○○○, and Defendant Park Jong-○ was made without the involvement of Defendant Park Poe-○. Defendant Park Jong-○ was not guilty.

2. Determination

앞서 든 각 증거들을 비롯하여 기록에 의하여 인정되는 다음과 같은 사정들, 즉 ① 상피고인 조○○ 및 손□□은 ○○면사무소 또는 ○○군청에 정식으로 ○○ 해병전우 회 명의의 사무실 및 화장실 설치요청서 등을 접수하지 않고, 피고인 박○○을 통하여 구두로 이를 요청하여 온 점, ② 피고인 박○○은 위 사무실이 설치된 직후 개소식까 지 참석하여 위 사무실 내부에서 해병전우회 회원들과 이야기를 나눴는데, 위 사무실 내부에는 해병전우회를 상징하는 각종 물품 등이 비치되어 있었고, 사무실 외부에는 얼룩무늬 도색이나 해병전우회를 가리키는 간판이 있었으며, 상피고인 조○○ 등 해병 대 제복을 착용한 해병전우회 회원 20여명은 피고인 박○○이 사무실을 지원해 준 것 에 대해 감사한다며 박수를 친 점, ③ 통상 관공서에 컨테이너를 설치 · 납품하는 경우 공사계약을 체결하여야 함에도 위 해병전우회 사무실에 관한 ○○면 명의의 공사계약 은 체결된 바 없을 뿐 아니라 위 사무실과 관련하여 공유수면 점용허가, 가설건축물 신 고 및 인계서 또는 사용승인서 작성 등의 절차가 모두 이루어지지 않는 등 그 처리과정 이 비정상적이고, ○○ 해병전우회 화장실과 관련하여서는 다른 예산이 전용되었는바, 하위직인 담당 공무원들이 피고인 박○○의 관여나 지시 없이 독단적으로 위와 같이 비정상적인 방법으로 업무를 처리하였거나 예산을 전용하였다고 보기는 어려운 점, ④

Defendant Park Jong-○ was aware of the fact that ○○○○ Office was established under the name of an office for voluntary crime prevention, and that the toilet was installed next to the office for the ○○ Disease Disease, but did not proceed with all reprimand procedures against the public official in charge until the date of the closing of argument. ⑤ Defendant Park Jong-○ was able to make a budget assignment of 20 million won or less in accordance with the ○○ Military Affairs Management Regulations regarding the toilet establishment of the ○○○ Office for the above toilet, but ○○○ Office for the development of the books and the public official in charge of the above toilet was able to support ○○○○○ Office for the Defendant Park Jong-hee’s office to make the Defendant ○○○ Office for the ○○○ Office for the Ma○○ Office for the Ma○○ Office for the Ma○○ Office for the Ma○○ Office for the Ma○○ Office for the Ma○ Office for the Ma○○ Office for the Ma○ Office for the Ma○○ Office for the Ma○○."

Therefore, the defendant Park ○ and his defense counsel's above assertion are not accepted.

Reasons for sentencing

Since the head of a local government's contribution act contributes to or is likely to contribute to the formation of the foundation of support for candidates in the future, the Public Official Election Act provides that the head of a local government shall not, in principle, make a contribution in order to block the conduct detrimental to the fairness of election by using the status of the head of a local government, regardless of whether it relates to the election. The act of donation by the head of an incumbent Gun, in violation of the provisions of the Public Official Election Act, and thus is not likely to be subject to criticism. In particular, on October 23, 2008, the head of an incumbent Gun, the head of a local government's contribution act of this case was made in violation of the provisions of the Public Official Election Act, and contributed 10,000 won to the head of a local government's office, who is a public official of the Gwangju District Court, for the purpose of promoting the election of the head of an Dong-dong public official, who is a public official of the Dong-dong, to use the budget for the election of 00,000 won.

On the other hand, by taking advantage of the status of exercising a considerable influence that can lead the public opinion in the local community, Defendant ○○, the head of a local government, actively demanding to make an act of donation to the Defendant ○○, the head of a local government, and allowing him to make a contribution to the ○○ Maritime War Veterans Association and the ○ ○○ Maritime War Veterans Association with its president, the crime is not very good.

The above circumstances, the scale of the donation of this case, and other circumstances, such as the defendants' age, character and conduct, occupation and change of status, etc., as well as the conditions for sentencing as shown in the arguments and records, shall be determined as per Disposition.

The non-guilty part on Defendant Park ○

1. Summary of the facts charged

Notwithstanding the fact that the head of a local government is unable to make a contribution to a person, institution, organization, or facility located outside the constituency concerned, or a person, institution, organization, or facility having relations with the electorate, he/she may not make a contribution to the said vehicle. However, from February 2, 2010, the head of a local government, upon receiving a request from Defendant Cho Jong-○ to grant a subsidy to purchase an exclusive vehicle to be used by the ○○ ○○ ○ Da○ Da○ ○ ○○ ○ ○ ○○ ○ ○ ○ ○

On March 24, 2010, Defendant Park ○○ received a request from ○○○○○○ to provide the above-mentioned subsidies, and around the 31st day of the same month, around 31st day of the same month, he provided KRW 35 million out of the budget of ○○ Military Branch to the ○○ Military Branch on the pretext of the above subsidies.

2. Summary of Defendant Park○-○ and his defense counsel’s assertion

Defendant Park Jong-○ paid KRW 35 million under the name of the vehicle subsidy of the ○○ ○○○○○○○○○, upon receiving a request for subsidy from the above Defendant, but questioning ○○○○ Military Election Commission (hereinafter referred to as the “Public Official Election Act”) as to whether the said subsidy was in violation of the Public Official Election Act before granting the said subsidy, and reliances on the answer that “the payment of subsidy is in contravention of the relevant Acts and subordinate statutes and ordinances,” and that the said vehicle subsidy was paid as above, and therefore, the said vehicle subsidy was not guilty on the grounds that the said vehicle subsidy constitutes a contribution act under the Public Official Election Act or there was no awareness of illegality.

3. Determination

A. General theory

The head of a local government shall not make contributions (Article 113(1) of the Public Official Election Act), but the offering of money or goods under Acts and subordinate statutes and municipal ordinances made by local autonomous organizations with their own project plans and with their budget shall not be deemed as a donation (Article 112(2)4a and (b) of the Public Official Election

Meanwhile, Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for misunderstanding. However, if one's own act is a crime permitted under the Acts and subordinate statutes, and there is a justifiable reason to mislead misunderstanding, it shall not be punishable. Whether there is a justifiable reason should be determined depending on whether the act was not aware of the illegality of one's own act as a result of misunderstanding, although it was possible to recognize misunderstanding that one's act was not a crime under the Acts and subordinate statutes. The degree of efforts necessary to recognize illegality should be determined differently according to the social group to which the actor belongs (see, e.g., Supreme Court Decision 2005Do3717, Mar. 24, 2006).

(b) Fact of recognition;

In full view of the evidence duly examined and adopted by this Court, the following facts are recognized:

(1) The ○○○ Pool festival was first held on April 15, 2008 at the ○○○ ○○-gun, a local festival, which was held on April 15, 2009, and was held from April 15, 2009 to April 28, 2009 at the second ○○ Pool festival, which was held on April 15, 2009, carried out traffic guidance and activities to maintain order in the event venue.

(2) From the end of 2008, Defendant Park Jong-○ received a request from Defendant Cho Jong-○ to support the purchase of vehicles to be used by Defendant Cho Jong-○ in several times. On April 2010, Defendant Park Jong-○, who became aware of the fact that ○○○ was not mobilized by a public official belonging to ○○○-gun on the third singular festival, which was scheduled to be held on April 2010, Defendant Park Jong-○, demanded that Defendant Park Jong-○, “I will support voluntary activities, such as traffic guidance, etc., at ○ singular Team,” and demanded that Defendant Park Jong-○, who was in need of a vehicle for smooth volunteer activities.

(3) After doing so, the Defendant visited the tax accounting department of the ○○ Military Office and gave ○○○○○○ who was the head of the administrative department at the time, with the application for the grant of subsidies in the name of the ○○ Military Branch, and asked the relevant departments within the ○○ Military Office, such as the General Department of Civil Cooperation and the Agricultural Technology Center, and asked the head of the department in charge of the vehicle support. However, the Defendant responded to the purport that it is difficult for the said department to be in charge of the vehicle support due to the reason that

(4) Accordingly, Defendant 1 visited OOOO's office on the ground of Defendant 1's Park Jong-○, but, on the wind that Defendant 2 did not meet ○○, Defendant 2 had a written application for the above subsidies in the name of ○ ○ Maritime War Operations Office.

(5) Defendant Park Jong-○ stated his name in the “pre-determination” column of the above subsidy grant application, and stated “general control in the division of administrative support because it is related to many divisions,” and directed the head of the Office of Administration of ○○○○○○○○ of the Administrative Support Division to examine relevant laws and regulations and data, and to ask the head of the Office of Administration in charge of administrative support and Kim Jong-○ through the head of the Administrative Support Division, and to ask the head of the Office of Administration to question whether the subsidy for the purchase of vehicles on the line with relevant documents is in violation of the Public Official Election Act.

(6) The Kim○-○ received the application for the above subsidy from the chief secretary of the ○○ Military Office, and then examined the Non-Profit Private Organizations Support Act, the Local Finance Act, the Enforcement Decree of the Act, the Ministry of Public Administration and Security's guidelines for the collection of the expenditure budget of local governments, and all laws and regulations related to the support of social organizations, such as the Ordinance

Meanwhile, in 2010 through the Internet search, Kim ○-○ examined the current status of the support for the piracy of the nationwide basic local governments. According to the current status data, 50,22 million won in the case of the Seoul ○○-gu Office, 25,181,800 in the case of ○○ Si, 25 million won in the case of ○○○-si, 25 million won in the case of Gyeonggi ○, 000, 20 million in the case of ○○-gun, ○○, ○○-gun, ○○, and ○○○-gun, and ○○-si, respectively, in the case of ○○○-si, and ○○-si, 10 million in the case of ○○-si, and 10 million in the case of ○○-si. All of its compilation items

(7) On March 23, 2010, Kim○-○ sent an official document with the following contents on the line, and asked questions as to whether the vehicle support for the ○○ Military Woo-gun was in violation of the Public Official Election Act by visiting the front line by visiting the front line in one copy of the application for the grant of subsidies in the name of the ○○ Military Woo-dong Association, the registration certificate of a non-profit private organization, and the Ordinance on the Management of Cho Jong-gun's Gold-gun.

Subsidy Management Assistance

Considering that an organization registered under the Act on the Support of Non-Profit Non-Governmental Organizations is an urgent issue as to whether the application for capital subsidies is in violation of the Election Act in accordance with Article 5 of the ○○ Military Ordinance, the response shall be made as soon as possible.

or

[Question] Whether an organization registered as a non-profit organization under the law of ○○○○○○○○○○○○ grounds for granting capital subsidies: The fund operation plan granted to a person other than the ○○○○ Military Subsidy Management Ordinance in order to provide financial assistance according to public interest and policy needs with respect to business conducted by a person other than the Gun under Article 5(1) of the Ordinance on the Management of Subsidies: Community volunteer Activities and emergency life structures and disaster restoration, regional environment and ecological resource distribution patrol activities, military policy publicity, and demand for support for maintaining order in the event site at the event site at the time of festival of culture and arts: the purchase cost (35 million won) of exclusive vehicles for volunteer activities (35 million won): The current status of the ○○ ○○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ra.

Article 3

(8) On the same day with the approval of the chief of the office Kim○-○, the chief of the office guidance and publicity division, Kim Jong-○, the head of the office Kim Jong-○, sent a written reply with regard to the above quality "in case of you, in accordance with Article 17 Section 1 of the Local Finance Act, and Article 29 Section 2 of the Enforcement Decree of the same Act, if the local government grants subsidies in accordance with the ordinances of the local government, the head of the office guidance and publicity division, and pursuant to Article 112 Section

(9) On March 24, 2010, the employees in charge of administrative support and administrative support received the application in a regular manner by stating it to “one person: number on March 24, 2010: 3481” in the receipt column of the application for the above subsidy.

(10) Kim ○○ received a question and reply to the purport that the above is 'free from the front line'. On March 25, 2010, 2010, Kim○○ has been allowed to provide the vehicle support to the ○○○○ Military Maritime Tracksckscksckedsckedsckedsckedsckedsckedsckedsckedsckedsckedscedscedscedscedscedscedscedscedscedscedscedscedscedscedsscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedscedsc.

On the other hand, the above subsidies were partially paid out of KRW 300 million, which was compiled into the planning and promotion office budget of the general accounts and the revenue and expenditure budget of the year 2010, which was decided by the ○○○ Gun Council, and the budget items were comprehensively determined and used by the budget items were a pool budget of the nature that many departments can use without any special restriction.

(11) On March 31, 2010, a vehicle purchase subsidy of KRW 35 million was transferred from the ○○ Military Office to the Agricultural Bank Account of the ○○ Military Service.

(12) On March 18, 2010, 2010, prior to the questioning of the above paragraph (7), ○○○○○○ Group enacted the Ordinance on the Support of sun-dried salt Development, which was promoting the support of sun-dried producers, such as government subsidies, every year. However, if a producer of sun-dried salt grants a subsidy of about 10 million won in the budget for the production of the Ppool, which was not reflected in the budget in 2010 and was not reflected in the budget in the second half of 2010, it is decided whether the budget expected to be implemented in the first half of 2010 violates the Public Official Election Act in order to grant a subsidy for the first half of the year. Accordingly, the head of the guidance and publicity division of the Ppool, the head of the Kim○○○○○, the first half of the 18th of the same month, did not comply with Article 113 or 114 of the Public Official Election Act.

In addition, on the 31st day of the same month, the ○○○○○○-Gun paid travel expenses to presenters of the performance results under the supervision of the committee for promotion of ○○○○-Madive festival. ② The Agricultural Technology Center provides compensation in accordance with the invitation of persons related to the Embassys in Korea. ③ The public official supports the affairs such as guidance for traffic order during the event period, cooperation in the progress of events, purification of environment inside and outside the event site, ④ the public official gives free of charge the promotion committee to publicize local special products to visitors free of charge and free of charge. ④ The Kim○-○, on April 5, 2010, provides the relevant public official free of charge and free of charge for the promotion of local products to the public official belonging to the relevant local government. ② The public official's offering of public official free of charge and free of charge or free of charge to the public official belonging to the elector in accordance with the provisions of the Public Official Election Act should not be made under the Public Official Election Act.

(13) Meanwhile, the main contents of the ○○ Military Subsidy Management Ordinance are as follows.

Article 1 (Purpose)

This Ordinance raises military funds under Article 14 of the Local Finance Act and Article 24 (3) of the Enforcement Decree of the same Act.

purpose is to prescribe matters necessary for the subject, method, use, etc. of the subsidy.

section 60.

Article 2 (Definitions)

The definitions of terms used in this Ordinance shall be as follows:

1. The term "subsidies" means the public interest or the completion of policy measures with respect to affairs or projects conducted by persons other than the military;

The term "funds" means funds that the Gun grants to create or provide financial assistance according to the needs.

2. The term "subsidized projects" means affairs or projects eligible for subsidies;

3. The term "subsidized project undertakers" means those who implement any subsidized project;

Article 3 (Relationship with Other Acts and Subordinate Statutes)

Except as otherwise expressly provided for in other statutes or municipal ordinances, the management of subsidies shall be governed by this Ordinance.

The provisions of Municipal Ordinance shall apply.

Article 4 (Those Eligible for Subsidization)

The head of Gun shall, in whole or in part, cover the expenses required for the projects only in cases falling under any of the following subparagraphs:

may provide assistance to such person.

4. Where deemed necessary for a project recommended by the military.

(14) Other relevant laws and regulations are as follows:

The former Local Finance Act (Amended by Act No. 10221, Jan. 1, 2011; hereinafter the same shall apply)

Article 17 (Restrictions on Donations or Subsidies)

(1) A local government shall only apply to an individual or a public institution falling under any of the following subparagraphs:

Contributions, subsidies, or other public funds may be disbursed to an organization other than this.

4. Subsidies that cannot be granted unless a local government grants subsidies, and that is recommended by the local government.

the Corporation, if it is deemed necessary for the project

Enforcement Decree of Local Finance Act

Article 29 (Scope, etc. of Public Institutions)

(3) "Other projects recommended by local governments" in Article 17 (1) 4 of the Act shall be deemed necessary for projects recommended by local governments.

In the case of a local government, the term "local government" means the local government in connection with the performance of administrative affairs under the jurisdiction of the local government.

A project recommended by a dental organization shall not be carried out unless the project is subsidized by such organization.

case means the case.

Local government expenditure budget execution guidelines (Ordinance of the Ministry of Public Administration and Security No. 129, April 2, 2008)

(6) Restriction on donation or subsidization (Article 17 of the Local Finance Act)

0. A local government shall make contributions to individuals or organizations other than public institutions for the sound fiscal management of the local government;

The expenditure of subsidies or other public funds is limited.

exceptional) it is deemed necessary for a project recommended by a local government;

* In this case, if the subsidy is not executed in connection with the performance of the affairs under the jurisdiction of the local government

(2) if it is not possible to conduct the project;

C. Determination

(1) First of all, as to the argument that Defendant Park ○○’s act of paying vehicle subsidies to the ○○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ma○ Ra was not a contribution act, Article 17(1)4 of the former Local Finance Act and Article 29(3) of the Enforcement Decree of the Local Finance Act shall be applied in relation to the act of paying the instant vehicle subsidies (related to other Acts and subordinate statutes). According to the above evidence, according to the above facts, the ○ ○ ○ ○ ○○ Ma○ Ma was successful in events even before the payment of the vehicle subsidies to the O○ Ma○ Ma○ Man Man Man Man Man Man Man, etc., it can be recognized that the above ○ ○ Ma○ Man Man Man Man Man Man's service activities such as traffic control cannot be considered as a contribution act under the Public Official Election Act.

(2) On the other hand, in light of the above facts, ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ was issued an official questioning of the relevant facts, which would have been allowed to engage in an election campaign for the purpose of having been allowed to make an inquiry as a witness of the above ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s election campaign, which would have been in line with the relevant laws and regulations on the election of the relevant government, and thus, it would be necessary for the local government to comprehensively answer the above questions as well as for the direction and supervision of the relevant government, which would have been in accordance with Article 12(2)4 of the Local Finance Act.

Therefore, this part of the facts charged constitutes a minor concern that does not constitute a crime as an act based on legal mistake, and thus, is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

Sentencing (Presiding Judge)

Paidhos

Freeboard

Article 17 (Restrictions on Contributions or Subsidies)

(1) Only in any of the following cases, a local government shall donate, subsidize or contribute to an individual or organization other than a public institution:

The disbursement of public funds may be made.

1. Where any provision is prescribed by Acts;

2. Where using financial resources from the State subsidies have been designated by the State;

3. Where the purpose of use is designated by donations; and

4. Where it is deemed necessary for a project recommended by a local government because it is impossible to implement such project without any subsidy.

case.

(2) The scope of public institutions under paragraph (1) shall be prescribed by Presidential Decree.

Article 29 (Scope, etc. of Public Institutions)

(1) The public institutions provided for in Article 17 of the Act shall carry on the projects recommended in connection with the performance of administrative affairs within the jurisdiction of the relevant local government.

corporation or organization shall be a corporation or organization whose purpose and establishment are prescribed by Acts and subordinate statutes or by the Municipal Ordinance of such local government.

(2) "Disbursement of other public funds" in Article 17 (1) of the Act means contributions by the relevant local government, excluding the investments provided for in the provisions of Article 18 of the Act.

All financial expenditure, such as fiscal expenditure.

(3) "Cases deemed necessary for projects recommended by local governments" in Article 17 (1) 4 of the Act means the relevant local autonomy group.

Where a project recommended by a local government in connection with the performance of administrative affairs under the jurisdiction of the body is not subsidized, such project shall be implemented.

(2) if such person is unable to carry out the

(4) When local governments intend to grant subsidies pursuant to Article 17 (1) 4 of the Act, they shall settle accounts of subsidy programs and make an ex post facto evaluation of such subsidy programs.

Measures necessary for the sound and efficient operation of finance, such as financial affairs, shall be taken.

(5) Application, decision to grant and use, etc. for granting subsidies or other public funds of local governments provided for in the provisions of Article 17 (1) of the Act.

Necessary matters shall be prescribed by the Municipal Ordinance of the local government concerned.

3) Article 4 subparag. 4 of the Ordinance on the Management of Subsidies by ○○○-gun, even though Article 3 of the Ordinance on the Management of Subsidies by ○○○-Gun, is not in violation of the above superior