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(영문) 서울고등법원 2016.09.28 2016노812
공직선거법위반
Text

1. The guilty portion of the judgment below against Defendant A and B (the election expenses accounting report is omitted).

Reasons

Defendant A and B provided KRW 500,000 to Defendants A and BJ as to the violation of the Public Official Election Act by the summary of the grounds for appeal. Defendant A and B did not provide the J with a total of KRW 500,000 in terms of oil expenses and election campaign activity expenses.

However, there is only a fact that Defendant B lent KRW 200,000 to J around May 2014, regardless of election campaign.

Nevertheless, the lower court found the Defendant guilty of this part of the charges by reliance only on the testimony of the J without credibility.

Defendant

There is no fact that Defendant A conspired with Defendant C to provide or express his/her intention to provide, or expressed his/her intention to provide, an emergency squad, in collusion with Defendant C on May 19, 2014, in which he/she provided or expressed his/her intention to provide, a 100,000 won of each of the 11 volunteers and volunteers.

However, it is only the fact that Defendant A reported that Defendant C attempted to provide election workers and volunteers with physical exercise and ordered them to stop immediately.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by believing only the statements of J, S, P, andO without credibility due to lack of consistency.

Defendant

Defendant B did not provide S around June 5, 2014 with KRW 9.10,00 in terms of allowances.

Defendant

D is only a 900,000 won lending to S.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by believing only the statements of J, S, and Z without credibility.

Defendant

Defendant B did not pay 124,00 won for meal costs for BY around May 2014 as meal costs.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by believing only the statements of J, Y, and P without credibility.

As to the violation of the Political Fund Act, paragraph (1) 1 is 50,000 in terms of vehicle fuel expenses and activity expenses to Defendant A and BJ.

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