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(영문) 광주지방법원 순천지원 2015.02.05 2014고합243
공직선거법위반등
Text

Defendant

B A fine of 2.5 million won, and Defendant C shall be punished by a fine of 800,000 won, respectively.

Defendant

B and C shall be subject to the above fine.

Reasons

Criminal facts

Defendant

C From the 6th nationwide local election conducted on June 4, 2014, a person who was elected in the constituency of “F” election for a National Assembly member of the E Party under the E Party. Defendant B is the spouse of Defendant C, and Defendant A is the person who was reported as the person in charge of accounting of Defendant C on May 21, 2014.

1. The election expenses disbursed by the Defendants (violation of the Political Funds Act due to the disbursement of the election expenses not involving a person in charge of accounting) shall be disbursed only by an assistant in the accounting affairs delegated in writing by the person in charge of accounting or accountant in charge, with the purpose and scope of the disbursement made to the extent that the details of the disbursement

The Defendants reported Defendant A to the person in charge of accounting of Defendant C, and the Defendants conspired to exercise all the powers of the person in charge of accounting in substance.

Defendant

B reported Defendant A as a person in charge of accounting on May 21, 2014, and received his/her seal from Defendant A, and disbursed KRW 44,168,120,000 as shown in the attached list of crimes from May 24, 2014 to June 13, 2014.

As a result, the Defendants conspired to pay election expenses through Defendant B, not Defendant C’s accountant in charge.

2. On July 4, 2014, Defendant B (School Teachers Violating the Political Funds Act) submitted a statement of revenue and expenditure of political funds to the election commission at all times, and indicated the expenditure amount for banner publicity as “the expenditure amount for banner promotion expenses” on May 27, 2014, and on June 11, 2014.

The defendant, as evidence of the above disbursement, is "G" corporation G et al.

() From June 2, 2014, a tax invoice consisting of KRW 10,00,000 for supply value as of June 2, 201 and a tax invoice consisting of KRW 11,013,080 for supply value as of June 17, 2014. However, the Defendant appears to have been requested by H operating G to pay KRW 26,129,081 for banner publicity expenses (the election expenses out thereof are paid KRW 24,462,080, as of June 16, 2014).

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