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(영문) 창원지방법원 2020.09.10 2019노2301
정치자금법위반등
Text

All the judgment below is reversed.

Defendant

A is a fine of KRW 80,00,000,00,000,00,000.

Reasons

Summary of Grounds for Appeal

A. Defendants 1) Defendant A’s sentence (crime 1: fine No. 80,00 won: fine No. 20,000 won: fine No. 2 and No. 3) imposed on Defendant A is too unreasonable. 2) misunderstanding of facts and misapprehension of legal principles as to whether or not Defendant B’s prior dismissal and payment of allowances, etc. are made by the candidate. Defendant A paid allowances in accordance with the direction of Defendant A, Defendant A, the candidate, and his duty of attendance at the election campaign office, and made an accounting report as well as evidentiary documents and accounting books and made an accounting report. 2) Although Defendant A did not work at the election campaign office at the entire C-si election campaign office for 13 days, election activities can be carried out in various ways, it cannot be said that D made a false report on evidentiary documents, etc. with the contents of payment of allowances pursuant to the election campaign for 13 days, and it cannot be said that the court below erred in the misapprehension of legal principles as to a fine No. 10,000 won or that made a request for the election commission.

C. According to the evidence submitted by the prosecutor of the defendant A, although the number of days during which G was involved in the election campaign from the beginning of the election campaign worker G was reported by the defendant B on the 13-day evidential documents, accounting books, etc., and the defendant B made an implied consent thereto, and made the defendant B submit false evidential documents, accounting books, and make an accounting report to be preserved in excess of the election allowance. Thus, the court below acquitted the defendant of this part of the facts charged.

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