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(영문) 수원지방법원 2013.10.02 2013고단724
정치자금법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the defendant shall be 80.

Reasons

Punishment of the crime

On June 2, 2010, the Defendant was a person who was appointed as a person in charge of accounting of H who was elected by going to a candidate for a political party in an election of the F Party in the 5th nationwide local election market (the appointment report on February 19, 2010) implemented on June 2, 2010.

The candidate for an election for public office and the person in charge of accounting of a preliminary candidate shall make an accounting report on the revenues and expenditures of political funds to the competent election commission within 30 days after the election day as at 20 days after the election day, and shall not make a false entry, forge, alter or omit (referring to an omission in order to conceal revenues and expenditures of election expenses) with respect to the election expenses without any justifiable grounds.

Nevertheless, in submitting an accounting report on the revenue and expenditure of political funds at the F.I. on July 2, 2010, the Defendant reported that election expenses do not exceed KRW 235,00,000,000, which are statutory election expenses, are lower than KRW 227,774,512, and made an accounting report by omitting the following election expenses.

1. Although the Defendant paid a total of KRW 23.1 million at the expense of an election campaign vehicle, he/she reported to KRW 16.5 million among the above expenses, and omitted KRW 6.6 million paid in cash on June 1, 2010.

2. On June 1, 2010, the Defendant omitted KRW 2940,00 (K 280,000 won, L 280,000 won, M 490,000 won, N 910,000 won, KRW 910,000,000,000 won, and KRW 70,000,000) paid in cash among election campaign workers for the liaison office, election expenses.

3. On June 1, 2010, the Defendant omitted total of KRW 1050,000 (R 420, S 280,000, KRW 280,000, KRW 280,000, KRW 770,000) paid in cash, among personnel expenses for Q election campaign office workers, who are election expenses.

4. Although the Defendant paid KRW 1.9 million in cash under the pretext of personnel expenses of V, which is a driver of the H candidate’s spouse, the Defendant omitted the details of the disbursement.

Accordingly, the defendant made an accounting report by omitting election expenses equivalent to KRW 1,2490,00 without justifiable grounds.

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