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(영문) 창원지방법원 2016.06.30 2016고합140
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant was a candidate to run a reelection E political party, which was implemented on April 13, 2016, for a candidate to run as a candidate for the re-election E political party (on January 1, 2016, the date of preliminary candidate registration).

Anyone shall be a candidate (including a person who intends to become a candidate) by means of a speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of getting elected or having another person elected.

No false fact (where a regular educational background is inserted, the name of the school as at the time of graduation shall be stated) shall be publicly announced in favor of a candidate, his/her spouse, lineal ascendant or descendant, or his/her birth place, family relation, status, occupation, career, etc., property, act, organization to which he/she belongs, or whether he/she supports from a specific person or specific organization.

① From January 1, 2016 to March 1, 2016, the Defendant distributed the name cards of a head of 19,813 of his preliminary candidates’ promotional materials indicated as “F Scientific and G University Graduation” to the citizens of Kimhae-si, and, from February 1, 2016 to February 19, 2016, the Defendant sent 19,813 copies of his preliminary candidates’ promotional materials indicated as “gradation from G University” to the citizens of the city of Kimhae-si, who were located in the Kimhae-si from February 1, 2016 to February 19, 2016.

However, on February 197, 197, the Defendant was only a graduate of “I University,” a telegraphic transfer of F Scientific Personnel,” and “I University,” a telegraphic transfer of G University on February 1993.

Accordingly, the defendant published false facts about academic attainments for the purpose of winning the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Application for registration of a preliminary candidate, promotional materials of the preliminary candidate, name cards, reports on dispatch of promotional materials of the preliminary candidate, receipts, and graduation certificates, and school history of each school;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 250 (1) of the relevant Act concerning facts constituting an offense and Article 250 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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