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Defendant shall be punished by a fine of KRW 80,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On March 13, 2019, the Defendant was a person who participated in the election of the president of the 2nd National East City Cooperative Association in the B-gu election of the president of the 2nd National Association.
A candidate (including a person who intends to become a candidate), his/her spouse, or an institution, organization, or facility to which a candidate belongs shall not make a contribution during the period subject to restriction on contribution acts (in cases of an election due to the expiration of a term of office, from 180 days before the expiration date of
Nevertheless, at around 18:00 on March 4, 2019, the Defendant provided F, G, and H with food equivalent to KRW 1.40,00,00 in the “E” restaurant located D, such as meeting and alcohol.
Accordingly, the Defendant made a contribution act to the elector during the period of restriction on contribution act (from September 21, 2018 to March 13, 2019).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to G, H, F, and I;
1. Written Statement;
1. Each report on investigation;
1. Responses to the request for investigation cooperation by the chairperson of the K Election Commission, and replies to the request for investigation cooperation by the head of the C Association;
1. Guidance on the prohibition of contributions, guidance on the system of monetary rewards for administrative fines, sending text messages indicating information on reporting, and guidance on the prohibition of contributions, election campaigns and restriction on cases of prohibition of contributions, and application of receipt Acts and subordinate statutes, such as receipt of postage stamps and receipt registers, and official documents;
1. Article 59 of the relevant Act on Criminal Facts and Articles 35 (1) of the Act on Entrusted Elections by Public Organizations, etc. Selection of Punishment)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed on March 13, 2019, by the Defendant, who is a candidate for the second election of the head of the cooperative in B-gu at an election of the head of the cooperative in the City/Si/Gu, which was held on March 13, 2019, provided three members of the above C-C with food equivalent to KRW 140,00,000 at the market price during the period of restriction of donation that was held nine days prior to the election, and the nature of the crime and the circumstances are not good.