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(영문) 대전지방법원 천안지원 2017.03.22 2016고합183
공직선거법위반등
Text

Defendant

A For the crimes of Category 1 and 3 of the Decision, a fine of KRW 700,00 for the crimes of Category 1 and 3, a fine of KRW 1.

Reasons

Punishment of the crime

Defendant

A, on March 24, 2016, registered as a candidate for the F election district in the 20th election campaign office in the 20th election of National Assembly members, and then went out on April 13, 2016 and went out in the 20th election of National Assembly members on April 13, 2016, and Defendant B is a relative student of Defendant A, who was appointed as a person in charge of accounting for the election campaign office of Defendant A on January 19, 2016.

1. A political party, candidate, chief of an election affairs liaison office, chief of an election affairs liaison office, accountant in charge, or an accountant in charge, who has violated the Act on Election of Public Officials related to the amount exceeding the limit on election expenses by the Defendants, shall not disburse election expenses in excess of 1/200 of the amount restricted on election expenses publicly announced under Article 122 of the Public Official Election Act;

On December 3, 2015, the Southern-gu Election Management Committee calculated and publicly announced a restriction on election expenses for the election district in the 20th National Assembly member on December 3, 2015 as KRW 178,000.

Nevertheless, the Defendants spent election expenses equivalent to KRW 185,744,421 in total, including KRW 780,00 for a campaign speech or interview vehicle, KRW 5,940,00 for the lease and installation of a telephone publicity system, and KRW 10,534,93 for sending text messages related to election, for the election campaign of Defendant A in the F election district in the 20th National Assembly of the Republic of Korea.

As a result, the Defendants paid election expenses exceeding 1/200 (890,000 won) of the limited amount of election expenses (178,000,000 won) that was publicly announced in collusion, by paying more than 7,744,421 won.

2. Defendant B

(a) Any person in charge of accounting of the violation of the Political Funds Act due to the omission of an accounting report related to election expenses fails to make an accounting report provided for in the provisions of Article 40 (1) and (2) of the Political Funds Act for the election expenses without justifiable grounds, or make a false entry, forgery, alteration or omission;

Nevertheless, Defendant B made an accounting report on the election expenses of A in the 20th election of National Assembly members on May 14, 2016, and Defendant B made an accounting report on the election expenses of A, 270,000 won for a speech or interview vehicle.

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