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(영문) 인천지방법원부천지원 2020.10.07 2020고합182
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No one is allowed to make a contribution to an election for a candidate or a person who intends to become a candidate, and a competition cannot be conducted in a way other than that prescribed by the Public Official Election Act in the intra-party competition to grant voting rights to party members and a person who is not a party member. If two or more candidates for the election of National Assembly members are selected, the party constitution enacted the regulations on the election of National Assembly members for the 21st National Assembly members by reflecting the result of voting and inspection of eligible voters who are not a party member or the result of voting and inspection of eligible voters who are not a party member, or by making up a elector group, and around July 1, 2019.

Nevertheless, around July 2019, the Defendant offered cash and food of 52,000 won to the E market merchants and 9 employees as stated in the attached list of crimes, by requesting support from the E market merchant and 52,000 won, while taking account of the following: (a) the Defendant joined the E market as a member of the party; (b) thereby maintaining the status of party members for six months; (c) thereby maintaining the party membership fee of 6,000 won for six months; and (d) delivered KRW 6,000 to the said F; and (e) offered them with cash and food of 52,00 won for the said E market merchants and 9 employees as indicated in the attached list of crimes.

As a result, the defendant provided money and goods to those who have worked in the C election district for the above D who want to be a candidate and provided them with a contribution act, and conducted the election campaign for the D in a way that is not prescribed by the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, F, H, I, J, K, and L;

1. Each written confirmation of M and N;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 257 (1) 1 and Article 115 of the Public Official Election Act for criminal facts and Article 257 (1) 1 and Article 115 of the Public Official Election Act.

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