Defendant shall be punished by a fine of KRW 1,200,00.

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

Punishment of the crime

The defendant was a head of Tong in Boe-si B, who was elected C in the 6th local election of Dong-si, which was implemented on June 4, 2014.

In spite of the fact that anyone is unable to make a contribution for a candidate (including a person who intends to become a candidate) with respect to an election, the defendant made a contribution for the purpose of D by providing 300,000 won in the name of the Senior Citizens Association to the general secretary-general E of the Senior Citizens Association in front of the Senior Citizens Association in Bocheon-si B, Gyeong-gu, 200 on April 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to B revenue and expenditure specifications, and list of supporting funds by B;

1. Article 257 (1) 1 of the Public Official Election Act and Articles 115 of the same Act concerning criminal facts and the selection of punishment;

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. The scope of punishment by law: A fine not exceeding 10 million won;

2. Application of the sentencing criteria [decision of type] Election crimes, violation of prohibition and restriction on contribution acts, contribution acts (special-speed persons] increased factors, and mitigation factors: None of them (general-speed persons): Reduction factors: serious reflect [the area of recommendation and recommendation range] basic area, fine of one million won to five million won.

3. Determination of sentence: In light of the fact that the act of making contributions in connection with an election for public office by a fine not exceeding 1.2 million won is likely to undermine the fairness and transparency of the election and to impede the rational choice of the voters, the Public Official Election Act prohibits not only candidates but also third parties from making contributions, regardless of the name or form thereof, the liability of the accused for the crime is not exceptionally imposed;

However, the defendant's confession of the crime of this case, the contribution act of this case was made about one year and two months before the election day, and the statement or act related to the election is not accompanied in the process of contribution act, and it is difficult to say that the amount provided is the maximum amount.