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(영문) 광주지방법원 2015.01.09 2014고합561
공직선거법위반등
Text

Defendant

A A shall be punished by a fine of KRW 900,000 and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A On April 15, 2014, after registering a preliminary candidate in the E-election district of Gwangju Metropolitan City, a candidate was registered and resigned. On May 7, 2014, a preliminary candidate was registered in the F Council member G constituency on May 7, 2014, and registered as a candidate on the 15th day of the same month, and thereafter was elected as F in the 6th nationwide local election conducted on June 4, 2014, and Defendant B was elected as F in the dong local election, from April 15, 2014 to the same year.

6.3. The person in charge of accounting who managed the revenue and expenditure of election expenses at the election office of Defendant A until the date.

1. Revenues and expenditure of political funds of a candidate and a preliminary candidate to run in an election for the violation of the Political Funds Act by Defendant A shall be performed only by the person in charge of accounting, and in cases of receiving and disbursing political funds, they shall not be revenues and expenditures without using a deposit account that is reported to the competent election commission;

Nevertheless, Defendant A: 1,500,000 on April 16, 2014;

5.13.400,000 won;

5.15.200,000 won;

5.23.800,000 won;

5. A total of KRW 3,079,980 including KRW 220,020,000,000, in total, transferred text messages to the Green Telecom Co., Ltd. located in Gangnam-gu, Seoul, for the purpose of sending text messages, and directly transferred money through the bank account (A: the account holder and the account number: H) that was not reported to the F Election Commission.

As a result, Defendant A disbursed political funds without having a person in charge of accounting, and disbursed political funds through the Defendant’s bank account account that is not reported to the competent FF Election Commission.

2. No person in charge of accounting of an election for public office in violation of the Political Funds Act shall enter false matters, forge, alter, or omit (or omit in order to conceal revenues and expenditures of election expenses) while making an accounting report for election expenses without justifiable grounds;

Nevertheless, Defendant B made an accounting report to the FSC on July 3, 2014, and it exceeded the restricted amount of election expenses.

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