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(영문) 전주지방법원 군산지원 2019.01.10 2018고합117
공직선거법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Public Official Election Act was a person who left as a candidate for B's constituency C in the nationwide and provincial elections on June 13, 2018, and was selected as a candidate for B's constituency.

A political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses announced publicly under the provisions of public announcement

Nevertheless, the defendant from March 2, 2018 to the same year.

6. In managing the revenues and expenditures of election expenses by the end of 22.2, in excess of 1/200 (20,000 won), the election expenses limited amount of the election expenses limited to B’s C constituency, 51,962,718 won (excess amount: 11,962,718 won) was disbursed.

Accordingly, the Defendant spent election expenses exceeding 1/200 of the restricted amount of election expenses notified.

2. Only persons in charge of accounting may receive and disburse political funds of political parties violating the Political Funds Act, supporters’ associations, National Assembly members having supporters’ associations, a party competition, a candidate for an intraparty competitive election for a party representative or a candidate for an election for

Since the defendant appointed and reported D as his/her person in charge of accounting to the B Election Commission around March 19, 2018, he/she shall not be allowed to receive and disburse political funds related to election expenses.

Nevertheless, even if the defendant is not a person in charge of accounting, the defendant is from March 27, 2018 to the same year.

6. Until March 22, 201, the Defendant received political funds of KRW 9,00,000 in relation to election expenses and disbursed KRW 51,918,718 as the cost of producing the name cards of a preliminary candidate on March 2, 2018, KRW 44,000, which was disbursed by the Defendant as the cost of producing the name cards of a preliminary candidate, before the person in charge of accounting is changed to D on March 19, 2018 (the Defendant, at the time of March 2, 2018, concurrently served as the person in charge of accounting). As such, the Defendant spent the political funds in an amount computed by deducting the said KRW 44,00 from KRW 51,962,7

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Examination protocol of police suspect regarding D;

1.Each.

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