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(영문) 부산지방법원 서부지원 2020.02.20 2019고합238
공공단체등위탁선거에관한법률위반등
Text

As to the crime No. 1 of the judgment of the defendant, imprisonment with prison labor for 10 months and for the crime No. 2 of the judgment of the defendant, six months and

Reasons

Punishment of the crime

The defendant is the head of the CFF in Busan Young-do, and D is a person who was elected as a candidate for the election of the head of the BF in the 2nd election of the head of the BF in the Dong-si, which was implemented on March 13, 2019, and E is the elector of CFF women's association and the head of B.

1. No person who violates the Commissioned Election Act by a public organization, etc. shall make a contribution to a candidate or his/her family for the relevant entrusted election during the period subject to restriction;

Nevertheless, around March 8, 2019, the period subject to the restriction on contribution act was around 18:30, the Defendant provided KRW 7 million in cash to E, the one who is the one who is the one who is the one who is the one who is the elector of the B association, with the phrase “gambing election campaign to the one who is the one who is the elector of the B association.”

Accordingly, the defendant made a contribution to the elector E for the candidate D in relation to the election of the president of the partnership.

2. No person who violates the Protection of Communications Secrets Act shall record or listen to conversations between others that is not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act and the military court;

Nevertheless, at around 22:39 March 2, 2019, the Defendant: (a) recorded the conversations between I and K for about 10 minutes by means of operating the Defendant’s cell phone tape recorder; and (b) recorded the conversations between I and K for the election of the president of the BF in the “G restaurant” as seen above, and (c) recorded the conversations between I and I for about 10 minutes by means of operating the Defendant’s cell phone tape recorder; and (d) around 23:03 on the same day, the Defendant heard that I talk with BF in connection with the election of the president of the BF while making a telephone call with L for the non-standing director of the BF; and (e) recorded I for about one minute and L for about one minutes without their consent.

Accordingly, the Defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. The defendant's oral statement;

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