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(영문) 대구지방법원 2019.06.13 2019고단1818
공공단체등위탁선거에관한법률위반
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

From April 1, 2001 to March 20, 201, the Defendant served as the head of the Youngcheon-gu Partnership; and the Defendant is a person who intends to become a candidate for the head of the Partnership at the second time in the election of the head of the National East-si Partnership held on March 13, 2019.

No person shall provide any money to an elector for an election campaign.

On February 22, 2019, at around 14:00, the Defendant provided money by inserting KRW 500,000 in the so-called “D Council members and this election,” to “D Council members,” who are electors, in the president of the B Association located in Yongcheon-si, Yongcheon-si.”

Accordingly, the defendant provided money to the elector for election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written accusation;

1. Each written answer;

1. Seizure records;

1. Application of Acts and subordinate statutes to an investigation report (whether a suspect waives departure at the time that the suspect provides D with money);

1. Article 58 subparagraph 1 of the Act on Elections Commissioned by Public Organizations, etc. selected to commit an offense and select a fine;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is not good quality as a crime that seriously undermines the objectivity and fairness of the election of the president of an association; circumstances favorable to the fact that the president of an association has the record of the same kind of punishment: The defendant's age, character, character, environment, family relationship, motive and consequence of the crime, etc.; the fact that the election of the president of an association has not been actually taken out; and other circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, family relationship, motive and consequence of the crime

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