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(영문) 인천지방법원 부천지원 2014.12.12 2014고합242
공직선거법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

A. On June 4, 2014, the Defendant violated the Public Official Election Act was the F’s spouse who was elected in E City Council by going out from the 6th nationwide provincial election to D party.

Except for cases where allowances, actual expenses, and other benefits are provided in the Public Official Election Act in connection with election campaign, no one shall provide money, valuables, or other benefits regardless of the pretext such as allowances, actual expenses, and compensation for volunteer service.

Nevertheless, at around 13:00 on June 11, 2014, the Defendant provided three election campaign workers, including I, among 8 election campaign workers, at a “H” restaurant located in G, 1.50,000 won in total, and 9.550,000 won in total, for 5 persons.

(b) Anyone who violates the Political Funds Act may receive and disburse political funds of a candidate for an election for public office only in charge of accounting and shall not receive and disburse political funds without using a deposit account on which a report has been made to the election commission;

Nevertheless, even if the Defendant is not the F’s accountant in charge, the Defendant paid 950,000 won in cash to election campaign workers in the same manner as above at the time and place specified in the foregoing paragraph.

2. No one may express an intention to offer money, goods, or other benefits, regardless of the pretext such as allowances, actual expenses, or compensation for volunteer services, except where he/she provides allowances, actual expenses, or other benefits in connection with an election campaign.

The Defendant, at the election office of F in G around May 21, 2014, expressed an intention to offer money and valuables from time to time to time to time to election campaign workers during the election campaign period, stating that the Defendant, as an election campaign manager of F, told 8 election campaign workers at the election office of F in G, “he will give incentives when election is held very high.”

Summary of Evidence

1. Defendants’ legal statement

1. Statement to the Prosecutor's Office;

1. Each police statement to I and K;

1. F, J, L, M, N, I,O, K.

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