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(영문) 수원지방법원 평택지원 2019.01.18 2018고합202
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who was elected in the election of the 7th nationwide local government election B market, which was implemented on June 13, 2018.

No person shall publish false facts about the place of birth, family relation, status, occupation, career, property, act or activity of a candidate, organization to which he/she belongs, support from a specific person or specific organization, etc., in favor of a candidate, his/her spouse, lineal ascendant or descendant, lineal ascendant or descendant, career, property, or organization in favor of the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document,

Around May 24, 2018, the Defendant reported a candidate’s property to run in an election for public office, and submitted a candidate’s property declaration stating that the Defendant, his spouse, and lineal ascendants and descendants’ property totaling KRW 3.79,550,000, to B election commission. From May 24, 2018 to June 13, 2018, the Defendant posted the candidate’s property declaration via the Internet site of the election commission from May 24, 2018 to June 13, 2018. The Defendant sent the book-type election campaign bulletin containing the above contents to B, which included KRW 84,00.

However, in fact, the Defendant entered only active property by omitting all of the debt amounting to 4.64,490,000 won of the Defendant, Defendant’s spouse, Defendant’s spouse, and lineal ascendants and descendants. Therefore, the Defendant’s entire property amounting to KRW 3.79,550,00 in total was false.

Accordingly, the defendant published false facts about the property of the defendant, his spouse, lineal ascendants and descendants in favor of the defendant for the purpose of election.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Property registration statement and details of property registration of a public official;

1. Submission of election campaign bulletins;

1. Application of Acts and subordinate statutes to book-type election campaign bulletins;

1. Article 250(1) of the Public Official Election Act and Article 250(1) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines.

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