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(영문) 창원지방법원 진주지원 2014.10.02 2014고합74
공직선거법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall offer, express an intention of offering, or promise to offer money and goods, property interests, or public or private positions to any competition elector, regardless of the pretext thereof, with the intention of being elected as a candidate or having any person elected as a candidate or preventing any person from being elected as a candidate in the intra-party competition, and no one shall make contributions to an election for a candidate.

Nevertheless, on June 4, 2014, the Defendant sought H’s house to the effect that “E, who is a senior candidate for D party C, was elected as a candidate for D party C, at the competition line in the election of D party candidates for D party C, implemented on April 30, 2014.” On April 28, 2014, the Defendant provided the said H with KRW 600,000 in cash, stating to the effect that “E is the spouse of G, who is a senior candidate for D party C, located in the Fund of Jinju-si, and is related to C, and is related to C,” who is the spouse of G, who is a senior candidate for D party C, located in the Fund of Jinju-si, and is related to C,” and provided the said H with KRW 130,000 in cash.

Accordingly, on June 4, 2014, the Defendant provided money and valuables to the spouse of the competition elector for the purpose of having the said E elected as a candidate for the nationwide local election C. At the same time, in the competition in the said constituency D party, the Defendant provided the said E to the spouse of the competition elector for the purpose of being elected as a candidate for the said party C.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Photographs of bags submitted by H;

1. A written accusation;

1. A list of electors of D political parties;

1. Application of the existing Acts and subordinate statutes in Chapter Twelve (No. 1) Elimination of seized 50,000 won;

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act, Article 230 (7) 1 and Article 57-5 (1) of the Public Official Election Act (the point of purchase of electors for a competition) concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed in the crime of violating the Public Official Election Act due to any more severe contribution act);

1. Selection of an alternative fine for punishment;

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

1. The Criminal Procedure Act;

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