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(영문) 광주지방법원 장흥지원 2019.01.08 2018고합39
공직선거법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the head of the 7th local election campaign liaison office in June 13, 2018, which was sent out to the election of B superintendent of education in the 7th local election.

Except for the cases where allowances, actual expenses, and other benefits are provided under the Public Official Election Act, no money, valuables, or other benefits shall be provided, or the intention to provide them, or the provision thereof shall be expressed or promised in connection with the election campaign regardless of the pretext thereof, such as allowances, actual

1. Around 19:00 on May 30, 2018, the Defendant provided one 20,000 won of the market price to E, F, G, H, I, and J, in a restaurant located in K, and to E, election campaign workers F, G, I, and J, in a person in charge of accounting of the D election campaign liaison office located in K, and to E, election campaign workers F, H, I, and J.

Accordingly, the defendant provided money equivalent to 120,000 won in total in relation to the election campaign to persons engaged in the election campaign.

2. On June 2018, the Defendant: (a) provided Kim(b) for an election campaign-related person, such as a person in charge of accounting E, at the D election campaign liaison office located in MD, and (b) provided 39,000 won in total on two occasions to persons engaged in the election campaign.

Accordingly, the defendant provided money in relation to the election campaign to persons engaged in the election campaign.

3. The Defendant expressed his/her intent to provide N with cash at the P coffee shop located in theO on June 14, 2018, attempted to give 100,000 won in cash to N of the D election campaign workers N of the election campaign liaison office at C, but did not refuse to give.

Accordingly, the defendant expressed his intention to provide money to persons engaged in election campaign in relation to the election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes governing the written accusation by the D Election Commission;

1. Article 49(1) of the Local Education Autonomy Act, Article 230(1)4 of the Public Official Election Act, and Article 135(3) of the Public Official Election Act, concerning facts constituting an offense.

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