A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The Defendant is a person appointed on May 23, 2018 as a person in charge of accounting of D, who was born to the B constituency of Seosan City Council members in the nationwide local election of Dong-si, which was implemented on June 13, 2018, to be a person appointed on May 23, 2018.

A political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs shall not disburse the election expenses in excess of 1/200 of the restricted amount of election expenses announced by the election commission

On May 23, 2018, from around June 14, 2018 to around June 14, 2018, the Defendant managed the revenue and expenditure of election expenses at D’s election office located in Seosan City, and disbursed 41,300,254 won (excess amount 2,300,254 won) exceeding 1/200 of the restricted amount of election expenses of the Seosan City Council members (195,000 won) as election expenses.

Accordingly, the defendant spent election expenses exceeding 1/200 of the restricted amount of election expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation (including a written answer, a report on the change of an accountant in charge, a written consent to taking office, a report on the transfer and acceptance of the candidate's revenue and expenditure of political funds, a report on the revenue and expenditure of political funds, evidential documents, etc.

1. Article 258 (1) 1 and Article 122 of the Public Official Election Act and Article 258 (1) 1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. That the scope of the recommended sentencing criteria according to the sentencing criteria is not set.

3. The crime of this case involving the determination of sentence is in violation of the purpose of the Public Official Election Act, where the excessive disbursement of election expenses is strictly regulated, in order to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures, and prevent unlawful elections, and the punishment for such crime is not minor;

(b).