logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2019.01.31 2018고합81
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a person who was married to a “C” constituency (D, E) for a National Assembly member of Dong-si Local Election B, which was implemented on June 13, 2018, and was born.

A National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person intending to become a candidate), and his/her spouse shall not make a contribution (including making a contribution at a wedding) to a person in the relevant constituency, institution, organization, or facility, or a person, institution, organization, or facility having relations with the electorate even if it is outside the relevant constituency, or an institution, organization

Nevertheless, around November 14, 2017, the Defendant transferred KRW 90,000 to the above H’s account under the pretext of supporting the event of “I” organized by H, at the F building and the G office of Defendant’s management on the fifth floor.

Accordingly, the defendant made a contribution act to an organization located in the constituency concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement against L, J and M;

1. A text and answer;

1. An investigation report (a) (a) attaching an article of “N” related to A

1. Investigation reports (Submission of materials by suspects - Attachment of seized materials);

1. Application of investigation reports (examination of results of digital analysis of suspect mobile phones) Acts and subordinate statutes;

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the instant case, the Defendant was not “a person who wishes to become a candidate” under the Public Official Election Act.

In addition, the Defendant was not the representative of G Co., Ltd. (hereinafter “G”) at the time of the instant case, and was not in the position to instruct the transfer of the said money.

However, the J, a shareholder of G, shall serve as the president of H.

arrow