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(영문) 제주지방법원 2015.01.22 2014고합232
지방교육자치에관한법률위반
Text

Defendant

A and B shall be punished by imprisonment for eight months, and by imprisonment for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an election campaign manager of the above election campaign office, the defendant B is an election campaign manager of the above election campaign office, and the defendant C is a person who managed the above election fund of the above A, after going through the election of the Jeju Special Self-Governing Province F, implemented on June 4, 2014.

1. Where a person in charge of accounting of the Defendants receives and disburse political funds, he/she shall do so through the deposit account reported to the competent election commission (hereinafter “political fund reporting account”), and no one shall disburse political funds without going through a political fund reporting account.

On the other hand, on February 4, 2014, Defendant A reported to the Jeju Special Self-Governing Province election commission on the deposit account of political funds in the name of Defendant A.

Nevertheless, the Defendants conspired to use Defendant C’s account as an election fund management account. On February 4, 2014, the Defendants calculated KRW 11,000 as food expenses for the employees of the election campaign office A and volunteers in the name of Defendant C by means of a check card linked to the community credit cooperative account (J) in the name of Defendant C, and disbursed political funds without going through a political fund reporting account, from the above date to May 27, 2014, and disbursed KRW 42,162,550 as political funds, such as election expenses, without going through a political fund reporting account.

2. No one shall provide money, goods, or other benefits in connection with an election campaign regardless of the pretext such as actual expenses, other compensation for volunteers, except where he/she provides actual expenses and other benefits according to the Public Official Election Act for defendants B and C;

Nevertheless, Defendant B shall request Defendant C to pay allowances to volunteers of the above election campaign office, and Defendant C shall respond to the request, and the number of days, amount, etc. of volunteers as fund managers.

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