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(영문) 대전지방법원 2019.05.02 2018고합460
공직선거법위반
Text

Defendant

A Imprisonment of one year and six months, Defendant B’s imprisonment of one year, Defendant C’s imprisonment of six months, and Defendant D’s fine of one year.

Reasons

Criminal facts

Defendant

B served as a member of the F Council and a member of the G City Council, and in the 7th local election, he participated in the election campaign by receiving a report from A on the overall election campaign of the preliminary candidate E of the G City Council members and the Fgu Council members C of the Fgu that overlaps with his local constituency, and giving instructions to them.

Defendant

A has overall control over C and E election campaigns from February 2, 2018 to April 30, 2018.

Defendant

C was elected by going to the election of Fgu Council members, and E was elected by going to the election of G City Council members.

Defendant

D A. From March 12, 2018 to April 30, 2018, the C and E election campaign office carried out an election campaign, such as promotion of candidates through I.

Except for cases of providing allowances, actual expenses, and other benefits as prescribed by the Public Official Election Act, no person shall provide or receive any money, valuables, or other benefits in connection with an election campaign regardless of the pretext such as allowances, actual expenses, or compensation for volunteer service, and no candidate shall demand such provision, and no person shall make a contribution to a person in the constituency concerned or a person who is related with the electorate, and no person shall solicit the candidate to make a contribution.

1. Defendant B and Defendant A’s co-principal committed a joint crime with intent to take overall control of the election campaign at the end of January 2018, and receive money in return.

Defendant

B introduced the Defendant A as an election campaign expert at around February 2, 2018. On March 2, 2018, B introduced the Defendant A as an election campaign expert at C. On March 2, 2018, C, while providing meals with Defendant A and C, said C, “In addition to election expenses that can be used in a public way, additional KRW 50,000 is necessary. It created a borrowed name account, and given A the words “A,” and offered the horses to A.

Defendant

B, on April 2018, 2018, the first election campaign office of the JJ put the Defendant A to “C”, which received KRW 50 million.

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