Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the person in charge of accounting of D, who is the election district in the 6th local election of the Do Council members of the Do Council in the 196th local election of the Do Council on June 4, 2014.

Political parties, candidates, election campaign managers, chief of the election campaign liaison office, accountant in charge, or accounting assistant shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses announced publicly pursuant to the provisions of public announcement of restricted amount of election expenses.

From April 7, 2014 to June 6, 2014, the Defendant managed the revenue and expenditure of election expenses at the D candidate election office located in Yangyang-gun E, Namyang-gun, and disbursed KRW 47,33,118 (excess amount: KRW 1,33,118) exceeding 1/200 of the restricted amount of election expenses of 46,00,000,000 won (230,000 won), which is the restricted amount of election expenses of the former Do council members.

Accordingly, the defendant spent election expenses exceeding 1/200 of the limited amount of sentenced expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Application of an agreement on the amount of election expenses disbursement, report on the revenue and expenditure of political funds, and statutes governing the revenue and expenditure division;

1. Article 258 (1) 1, Article 122, and Article 121 (1) 4 of the Public Official Election Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: A fine not exceeding twenty million won;

2. Whether the sentencing criteria are applied: Whether the sentencing criteria are not set; and

3. Determination of sentence: A clean and clear election in a fine of KRW 800,000 is an important value above all, and since D was elected as a member of the Do Council in excess of statutory election expenses, the act of the accused is not less than that of the crime.

However, this case's age, character and conduct, environment, motive, means, consequence, etc. of a crime are not much excessive amount of statutory election expenses, the defendant has no record of criminal punishment, and the defendant's age, character and behavior, environment, motive, means, consequence, etc.