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(영문) 광주지방법원 목포지원 2018.09.17 2018고합22
공직선거법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

A National Assembly member, a local council member, the head of a local government, the representative of a political party, a candidate (including a person who intends to become a candidate) and his/her spouse shall not make a contribution (including a act of marriage drinking) to persons in the relevant constituency, or institutions, organizations, facilities, or any other persons having relations with residents in the relevant constituency even if they are located outside the relevant constituency, or institutions, organizations, or facilities.

Defendant

A is a person who has been elected as a member of C Gun Council at the 6th simultaneous local elections implemented on June 4, 2014.

Defendant

A, around November 25, 2015, discussed Defendant B and G in the “E” restaurant located in South South Korea, along with Defendant B and G, and discussed the publication of the local newspaper company by Defendant B and G. As Defendant B and G heard the speech that “in order to publish a newspaper, it is necessary to publish the newspaper, KRW 30 million prior to the publication, KRW 20 million after the publication, and KRW 2 million each month between one year,” Defendant B and promised to provide funds for the publication.

Thus, Defendant A, on November 30, 2015, remitted each of the KRW 30 million to Defendant A’s M bank account (Account Number: N) in the name of Defendant B’s wife H via the J bank account (Account Number:K) in the name of Defendant A’s wife I, around December 31, 2015.

Defendant

B, upon receiving funds from Defendant A, around December 2, 2015, the P Co., Ltd. established a P Co., Ltd. at the office located in the office located in the south of Defendant A’s election campaign.

As a result, Defendant A provided money and valuables to Defendant B as a local council member or a person who is in a constituency with a civilian in the constituency, and Defendant B received a contribution from Defendant A as the cause of the local council member.

Summary of Evidence

1. Defendants’ respective legal statements (part)

1. Each legal statement of the witness G, Q, R, S, T (tentative name), F, U,V, and W (part)

1. The protocol concerning the interrogation of the Defendants by the prosecution (part of the protocol)

1. Each prosecution with respect to G.

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