Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall make contributions to an election for a candidate or a political party to which he belongs.
Nevertheless, the defendant thought that the defendant will provide a tourist bus owned by the travelr operated by the defendant to the electorate attending the ceremony of opening the election campaign office of the D candidate for the 20th National Assembly member election C.
On March 29, 2016, at around 14:00, the Defendant boarded approximately 15 electorates in one (F) of the community hall in E, 45 passenger tourist buses in the same city. On March 29, 2016, the Defendant boarded approximately 5 electorates in the election campaign office of D candidates located in G in G in the same city, and boarded about 45 passenger tourist buses in H in the first place.
Accordingly, the defendant provided approximately 20 electorates with transportation convenience equivalent to 576,00 won in total for two tourist buses for D candidates.
Summary of Evidence
1. Defendant's legal statement;
1. Each certificate of K, L, M, N,O, P, Q, R, S, and T making;
1. Each written answer to U, V, W, X, and D;
1. Investigation report (to refuse to appear by a witness of a tourist bus driver as a witness and hearing of statements by telephone);
1. Application of Acts and subordinate statutes to the photographs of tourist buses (F, J, cellular phone telephone records, current state of check of the rent price of tourist buses, photographs of tourist bus users and telephone details;
1. Article 257 (1) 1 and Article 115 of the Public Official Election Act (the occupation of a contribution act by a third party and the selection of a fine) concerning facts constituting an offense and the selection of a sentence;
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 of the provisional payment order;
1. Scope of punishment: A fine of KRW 50,000 to KRW 10 million;
2. Application of the sentencing criteria (the type of decision), violation of prohibition and restriction on contribution acts, the first type (the scope of recommendation), a fine of one million won to five million won (the basic area).
3. The crime of this case in which the sentence is decided may be present at the ceremony of opening an election campaign office for the electorate for the candidate who has participated in the election of a National Assembly member; and