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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a campaign leader for unregistered election of candidates F for a political party E in the constituency of “D” council members of the 7th simultaneous local election council members nationwide implemented on June 13, 2018.
No one shall provide any money to any elector for the purpose of getting elected or getting another person to be or not to be elected, and shall distribute, post, spread, show or run any advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, sound or video tape and others similar thereto, including the contents supporting, recommending or opposing a political party or candidate, or indicating the name of a political party or candidate's name, in violation of the provisions of the Public Official Election Act, from 180 days before the election day to the election day.
On April 23, 2018, the Defendant: (a) around 13:40, a restaurant with the trade name “H” located near the said F’s election campaign office located in G; (b) around five pages for each elector residing in the said constituency to enter the name and telephone number of the elector in the “D” constituency of the C Council member; (c) at least five copies for each elector’s election campaign, such as entering the elector’s personal information therein; (d) provided KRW 200,000 in total, KRW 50,000; and (e) distributed approximately 20 copies of the said F’s name.
As a result, the defendant provided money to the elector for the purpose of getting F elected, and distributed printed matters indicating the name of the candidate to influence the election, instead of the provisions of the Public Official Election Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Protocols of seizure and list of seizure (No. 2 and No. 3);
1. List of the registrations of preliminary candidates;
1. Application of Acts and subordinate statutes notifying the status of reporting, such as election affairs;
1. Article 230 (1) 1 of the Act on the Election of Public Officials (the point of providing money for the purpose of election, the selection of fines), Article 255 (2) 5 of the Public Official Election Act concerning facts constituting an offense, and Article 230 (1) 5 of the Act on the Election of Public Officials;