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(영문) 광주지방법원 2016.12.09 2016고합409
공직선거법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person in charge of accounting of F who was elected in an election for the 20th National Assembly member that was implemented on April 13, 2016.

1. A political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs who makes an excessive disbursement of election expenses shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses announced publicly under the Public Official

Nevertheless, the Defendant, while being aware of the fact that the election campaign office of the above F, which was located in the G Building in Jeonnam-do from March 21, 2016 to April 12, 2016, the election expenses of the E election district were KRW 208,00,000,000, the Defendant spent KRW 20,848,862 for the sending of text messages for the said F’s election campaign, and disbursed KRW 215,950,291 (excess KRW 7,950,950,291) exceeding 1/200 of the restricted amount of election expenses.

Accordingly, the defendant, as the accountant in charge, paid election expenses in excess of 1/200 of the restricted amount of election expenses publicly announced under the Public Official Election Act.

2. No person in charge of accounting who falsely submits an accounting report shall neither make an accounting report for the election expenses nor make a false entry therein, forge, alter or omit such report without justifiable grounds;

Nevertheless, on May 13, 2016, the Defendant submitted an accounting report stating the total amount of election expenses paid as KRW 195,101,429, in order to conceal the revenue and expenditure of election expenses, in order to conceal the revenue and expenditure of election expenses, the Defendant received and disbursed text messages as provided in paragraph (1), which are election expenses, in order to conceal the revenue and expenditure of election expenses.

As a result, the Defendant, as an accountant in charge, omitted the receipt and disbursement of KRW 20,848,862 without justifiable grounds while making an accounting report on election expenses after an election for public office was held.

Summary of Evidence

1. The defendant;

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