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(영문) 서울동부지방법원 2016.10.07 2016고합255
공직선거법위반
Text

Defendant

A and B shall be punished by a fine of KRW 3 million, Defendant C shall be punished by a fine of KRW 800,000, and Defendant D shall be punished by a fine of KRW 400,00.

Reasons

Criminal facts

Defendant

A is an election campaign worker who was not registered as a candidate I for the 20th National Assembly member that was launched on April 13, 2016 for the 20th National Assembly member, who was not registered as a candidate for Hparty candidate I in Seoul G constituency at the above I election campaign office, and Defendant B is a partner of the above I, and Defendant C and Defendant D performed I's election campaign as an election campaign worker who was not registered as the above I.

Except for the cases of offering allowances, actual expenses, other benefits under the provisions of the Public Official Election Act, no one may offer or express an intention to offer money, goods, or other benefits, or offer any promise, direction, solicitation, mediation, demand, etc. in connection with the election campaign, regardless of the pretext thereof, such as allowances, actual expenses, other compensation for volunteers, etc., and may

1. On April 11, 2016, Defendant A paid KRW 700,000 in return for an election campaign for 10 days, and KRW 280,00 in return for D’s election campaign for 4 days to C, who employed the Defendant from the 8th emergency stairs of the above I candidate in the office of election campaign in Gwangjin-gu Seoul Special Metropolitan City, and had C carry out an election campaign, such as the performance of the election oil tax for the I candidate and the personnel management for the voters.

2. At around 16:00 on April 11, 2016, Defendant B paid KRW 950,000, which was held by Defendant B upon request from A at the election campaign office of the I candidate set forth in paragraph (1) to the effect that the Defendant would have subsidized expenses incurred in election campaign.

3. On April 11, 2016, Defendant C was paid KRW 700,000 in return for performing an election campaign, such as performing the I candidate’s electoral tax for a total of ten days from April 2, 2016 to April 11, 2016, at the date and place specified in paragraph (1), and conducting an election campaign from A to April 11, 2016.

4. The Defendant D’s election campaign at the time and place specified in paragraph (1) around 19:0 on April 11, 2016, and at the place specified in paragraph (1) from A for a total of four days from April 7, 2016 to April 11, 2016.

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