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(영문) 인천지방법원 2015.12.11 2015고합614
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendants are D Political Party members, Defendant B is a person who carried out an election campaign at the election campaign for the candidate of the FD Party in the election campaign of the FD Party that was going through the Incheon Western EE election conducted on April 29, 2015, and Defendant A is an operator of the Incheon Seo-gu Incheon Party EE Council.

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

1. On April 19, 2015, Defendant A, at around 19:00, provided 104 “H” located in the Seo-gu Incheon Metropolitan Building 104, and, on April 29, 2015, for FD party candidates or D parties that were going out in the election of National Assembly members of the Seo-gu Incheon Metropolitan Government National Assembly, which was implemented on April 29, 2015, Defendant A made contributions by providing ten persons located in the above Seo-gu Incheon Metropolitan City Ear election district, such as I, J, K, K, L, M,O, P, Q, Q, R, T, etc. with food of KRW 94,50,00, such as a window multiplying the ten persons located in the above Seo-gu Incheon Metropolitan City E election district.

2. Defendant B, around 08:09 on April 16, 2015, at the “V” restaurant located in the Incheon Seo-gu Incheon Metropolitan Government U 101, and on April 29, 2015, for the FD party candidate or D party candidate who was going out of the election for the National Assembly member of the Seo-gu Incheon Metropolitan Government, which was implemented on April 29, 2015, Defendant B made a contribution by providing ten persons located in the above Incheon Seo-gu Incheon Metropolitan City ECE election campaign workers or volunteers, with food of KRW 165,00,00, such as sea areas, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's statement concerning I, J, AB, AC, K, and L;

1. Each written statement of W, AD, X, Y, Z, AE, M, N, P, Q, R, AA, S, T, and AG;

1. A written request for investigation;

1. Responses to each request for submission of data;

1. Application of Acts and subordinate statutes on card statements;

1. Article 257 (1) 1 and Article 115 (General Provisions and Selection of Fines) of the Public Official Election Act regarding criminal facts and the selection of punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, respectively, of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 50,000 won to 10,000,000; and

2. The types of recommendations according to the sentencing criteria.

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