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(영문) 청주지방법원 2019.02.01 2018고합254
공직선거법위반등
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A, the 7th anniversary of June 13, 2018, passed out to the election of members of the Do local council (D constituency) of the Do local council, was elected and held concurrently by the person in charge of accounting from March 26, 2018. Defendant B was appointed as the person in charge of accounting of A on May 30, 2018.

1. The candidates and persons in charge of accounting for the joint-principal election of the Defendants shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses publicly announced pursuant to the Acts and subordinate statutes.

Nevertheless, the Defendants conspired to disburse the election expenses of KRW 40,649,284 and the election expenses of KRW 4,504,819 which were reported in relation to the said election from April 2018 to August 3, 2018, and the election expenses of KRW 40,649,284, and the election expenses of KRW 4,504,819 [235,729, the telephone fee for the election campaign for May and June, 201, KRW 569,00], and the total amount of KRW 45,154,100,000 ( KRW 44,00,000 x 1/200 x 200 x 2020,000) exceeding the election expenses (excess KRW 1,154,103).

As a result, the Defendants conspired to disburse election expenses exceeding 1/200 of the restricted amount of election expenses.

2. Defendant A

A. The Defendant, in receipt of political funds, leased the Chungcheong F Container Office (2 million won per month) from E, a branch office from March 26, 2018 to May 10, 2018 and used it as an election office without compensation.

As a result, the Defendant received political funds equivalent to the rent in a way that is not stipulated in the Political Fund Act, by leasing an election office without compensation from E (the rent of KRW 3 million in the above period).

(b) The receipt and disbursement of election expenses and political funds by a candidate and a preliminary candidate to run in an election for public office shall be made only by the person in charge of accounting, and in cases of receiving and disbursing political funds, they shall pass through the deposit account that is reported to the competent election commission;

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