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(영문) 의정부지방법원 고양지원 2016.12.16 2016고합218
공직선거법위반
Text

Defendant

A A A shall be punished by a fine of KRW 6 million, by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.

Reasons

Punishment of the crime

Except for the cases of offering allowances, actual expenses, and other benefits under the Public Official Election Act, no one shall offer or express an intention to offer money, goods, or other benefits in connection with the election campaign, or promise, instruct, induce, mediate, demand or receive any promise to offer such money, goods, or other benefits.

1. Defendants A and B conspired with each other to transfer KRW 100,000 to the same account on April 4, 2016, KRW 100,000 to the same account in relation to the election campaign of candidates for the 20th National Assembly election E constituency in the 20th National Assembly member, from the J (K) office in the building of “H Co., Ltd. I” on March 19, 2016, who volunteered with the above G’s wife L as a driver and engages in election campaign.

Accordingly, the Defendants conspired to provide C with a total of 2 million won in connection with the election campaign.

2. Defendant C received KRW 2 million in total from the above A and B, as described in paragraph 1, in relation to the election campaign by candidates for the 20th election district E election district in the 20th election district in a place where the date and time set forth in the above paragraph 1 were unknown.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Investigation report (report on confirmation of details of transactions with suspects C among details of account transactions under the name of J M);

1. Application of Part XIII Acts and subordinate statutes to a copy of the daily account sheet;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and B: Articles 230(1)4 and 135(3) of the Public Official Election Act, and Article 30 of the Criminal Act;

B. Defendant C: Article 230(1)7 and 4 of the Public Official Election Act (Selection of Fines)

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

1. Defendant C: proviso to Article 236 of the Public Official Election Act;

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

1. Defendant A and B

(a) Scope of punishment by law: A fine not exceeding 30 million won;

B. Determination of sentence: Defendant A’s fine of six million won.

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