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(영문) 청주지방법원 2019.03.29 2018고합233
공직선거법위반등
Text

No. 1 and No. 2 of the judgment of the defendant

(a) 1, 2-b;

It shall be punished by a fine of 2.5 million won, and it shall be punished by Article 2 of the Decision.

Reasons

Punishment of the crime

The defendant was a person who was released from the 7th local election of Dong-si on June 13, 2018 to a candidate for the Cheongbuk-do Council member in the C-Gun constituency under the control of the B political party and died.

1. No candidate to run in an election for public office in violation of the Public Official Election Act shall disburse election expenses in excess of 1/200 of the restricted amount of election expenses publicly announced under Acts and subordinate statutes;

Nevertheless, from February 28, 2018 to June 25, 2018, the Defendant spent election expenses exceeding an amount equivalent to 1/200 of KRW 46,57,000, which is the amount limited in election expenses (46,000,000 = 1/230,000) by paying election expenses of KRW 47,557,000 from June of the election campaign office, as well as KRW 60,510,000, from June 25, 2018.

2. To the extent that the facts charged and basic facts are identical to those of the violation of the Political Funds Act, and that there is no concern that the exercise of the defendant’s right of defense may be a substantial disadvantage, partial revision and recognition

Only the person in charge of accounting may receive and disburse election expenses and political funds of a candidate and a preliminary candidate to run in an election for public office.

1) The Defendant spent 43,965,020 won for his election expenses for the period indicated in paragraph (1) without having the person in charge of accounting. (2) The Defendant directly disbursed 10,180,700 won for political funds other than election expenses for the period indicated in paragraph (1) without having the person in charge of accounting.

(b) The disbursement and receipt of election expenses not by the accounts of political funds reported to the competent election commission shall be made by the deposit account reported to the competent election commission under relevant Acts and subordinate statutes;

Nevertheless, on June 22, 2018, the Defendant paid 1,000,000 won in cash possessed by the Defendant, instead of using the deposit account reported, at the hospitalization room of the E Hospital located in the Chungcheongbuk-do.

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