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(영문) 서울북부지방법원 2014.10.24 2014고합361
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No one shall make a contribution act for a candidate or a political party to which he/she belongs, in connection with an election, or provide any money, goods or other property benefits to the competition elector for the purpose of having a specific person elected as a candidate in connection with an intra-party competition;

On May 9, 2014, the Defendant issued 100,000 won in cash to G who is a competition elector, upon requesting F's support to run in the 13th election of the candidate for the Gu council members of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu's Office on May 15, 2014.

As a result, the Defendant provided money to the electors for the purpose of making a contribution to the electorate for F with respect to the 6th nationwide local election, and at the same time, provided money to the competition voters for the purpose of election by F.

2. An election campaign shall not be carried out before the close thereof on the election day of the election campaign; and

Nevertheless, on June 4, 2014, from around 10:48 to 10:50 on the same day, the Defendant sent a text message to J, Nowon-gu, Seoul Special Metropolitan City, which was installed on his cell phone at H and 106 dong 1209, and was located in the Defendant’s house in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, and Nowon-gu, and was living in Nowon-gu, Seoul Special Metropolitan City, for election campaign to run for the F, which was sent to the candidate for the Nowon-gu election district council members of Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement to G and J;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation report (verification of the qualifications of the complainant for the intra-party competition of the D political party of G);

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act for facts constituting an offense, Article 230 (7) 1, and Article 57-5 (1) of the Public Official Election Act (the purchase of electors for a competition), and Article 257 (1) of the Public Official Election Act;

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