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(영문) 부산지방법원 동부지원 2014.12.19 2014고합176
공직선거법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a female president of Busan E apartment (hereinafter referred to as “instant apartment”).

1. No one who violates the prohibition of a purchase of, and restriction on contributions from, members related to the intra-party competition shall offer any money, goods, property benefits, or public or private post to any competition elector, his/her spouse, lineal ascendant or descendant, regardless of the pretext thereof, or express his/her intention of offering any of them, or promise to offer any of them, and shall make, or have another make contributions to, any candidate or any of his/her political parties to which he/she belongs, in connection with the election,

On April 2014, the Defendant requested the J to transfer the said money and valuables upon the request of the J in support of I while granting 100,000 won in cash to I who participated in the intraparty competition for the purpose of having I who participated in the intraparty competition for the members of the H-Gun Busan Metropolitan Council of the Busan Metropolitan City of the G Party, as a member of the G political party, for the purpose of having I elected him as a candidate. The F sent money and valuables received from the Defendant to the J in addition to the above purport.

As a result, the defendant provided money to the competition elector for the purpose of being elected as a candidate in connection with the intra-party competition, and made a contribution to the election for the candidate.

2. Except for cases where allowances, actual expenses, other benefits are provided under the Public Official Election Act in connection with election campaign, regardless of the pretext such as allowances, actual expenses, other compensation for volunteer service, etc., anyone shall not offer, express an intention to offer, nor promise, direct, induce, mediate, request or receive any money, goods, or other benefits in connection with the election campaign, or shall not receive such benefits or accept a manifestation of an intention to offer such benefits;

The defendant was set up at the entrance of the apartment in this case on May 2014, K if he had been set up.

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