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(영문) 서울북부지방법원 2016.10.14 2016고합287
공직선거법위반
Text

Defendant

A Imprisonment with prison labor for eight months, for one year, and for ten months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

1. Defendant A is the head of a supporters’ association for the 20th National Assembly member election, H party I election, and C.

Except for the cases of offering allowances, actual expenses, and other benefits under the Public Official Election Act, no one shall express an intention to offer or offer money, goods, or other benefits in connection with an election campaign regardless of the pretext such as allowances, actual expenses, or compensation for volunteer service.

Nevertheless, on March 2016, the Defendant provided KRW 2 million to B, L election campaign workers, and M, respectively, to the election campaign manager B of the C election campaign office to the effect that there have been many high births of election campaign, and that in the future, it would be extremely high.

Accordingly, the defendant provided money and valuables of 6 million won in total in relation to the election campaign.

2. Defendant B is an election campaign manager of Defendant B who is a candidate for the 20th National Assembly member election campaign in the H party I election district.

Except for the cases of offering allowances, actual expenses, and other benefits under the Public Official Election Act, the election campaign manager may not express his/her intention to offer or offer money, goods, or other benefits in connection with the election campaign regardless of the pretext such as allowances, actual expenses, compensation for volunteer service, or promise, direction, solicitation, mediation, demand or acceptance of such offer.

The Defendant received money and valuables related to election campaign from A for the same purpose at the same date, time, and place as specified in paragraph (1).

Accordingly, the Defendant received money and valuables in relation to the election campaign.

B. The same year from March 31, 2016 to 31, 2016, by the Defendant offering money or goods related to an election campaign under the pretext of telephone publicity allowances, at C election campaign office located in Seoul Nbuilding on April 2016.

4. up to 12.12. It provides 1,020,000 won to the telephone campaign personnel who had engaged in telephone publicity activities as an allowance to the O as well as 8,960,000 won in total to 11 persons, as shown in the separate list of crimes.

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