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(영문) 부산고등법원 2019.09.10 2019노270
공직선거법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the case and the summary of the grounds for appeal are the facts charged against the violation of the Public Official Election Act and the Resident Registration Act.

However, with respect to the violation of the Resident Registration Act which was found guilty by the court below, both parties did not state any guidance for appeal, and there is no reason to reverse that part by ex officio examination.

Therefore, the following are examined only for the violation of the Public Official Election Act.

1) The Defendant was elected as a candidate for Cparty in the election of the head of the Busan Metropolitan City Office at the 7th regional election of the head of the Busan Metropolitan City on June 13, 2018, which was conducted on June 13, 2018. Pursuant to relevant statutes, the Defendant submitted a “report on the property subject to registration as of December 31 of the preceding year” to the competent election commission, and the Defendant submitted two real estate cases (including two real estate E-building located outside Busan D and one parcel of land, and one other, and the total amount of the Defendant’s property was KRW 387,606,000,000 due to the omission of the F and G head of the E-building located in the report. Accordingly, from May 24, 2018 to the Internet site of the National Election Commission, the Defendant was posted as KRW 387,606,000.

On the other hand, the Defendant separately produced book-type election campaign bulletins in which the total amount of his/her own property is KRW 387,606,000, and submitted them to the B and the Dong community service center within the jurisdiction of the B and B on June 1, 2018, and sent them to B voters during the period from June 2, 2018 to June 3, 2018.

On May 27, 2018, after submitting a property registration statement to the election commission, the Defendant was informed that the total amount of his/her property was KRW 387,606,00,00, on the Internet site of the National Election Commission.

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