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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Criminal facts

The Defendant is a person who won the election of the Gun Council member on June 13, 2018 and is in the C position of the Gun Council member from July 1, 2018.

A local council member shall not make a contribution to a person in the relevant constituency, or an institution, organization, or facility, or a person who is residing outside the relevant constituency but has relations with the electorate, or an institution, organization, or facility.

Nevertheless, at around 15:00 on March 4, 2019, the Defendant hospitalized in the E Hospital located in Chungcheongnamnam, ordered F to deliver 5 kin’s worth equivalent to KRW 90,000 by telephone to the planning and budget officer in charge of B military administration, and provided food to the public officials in the above planning and budget office by paying the amount using the business promotion expense card, and from that time until March 7, 2019, the Defendant provided food equivalent to KRW 458,000 in total to six departments of B military administration, as shown in the list of crimes.

Accordingly, the defendant made contributions to the public officials of B military administration and the electorate in the constituency of the defendant, and the public officials of B military administration who are related to the electorate.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Written accusation, written answer (I), each written confirmation (J, K, L, M, N,O, P, Q) and submission of materials (Evidence Nos. 16);

1. Application of Acts and subordinate statutes to each investigation report (including Nos. 26, 34, 36, 41 and accompanying documents);

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act (generality and choice of fines) concerning criminal facts and the selection of punishment;

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 applicable sentences under law: Fines of 50,000 to 15 million won;

2. Scope of recommendation [decision of type] according to the sentencing guidelines for election crimes in violation of prohibition of and restriction on contribution acts [Class 1]: Where money and valuables provided or benefits provided are extremely minor, the factors of mitigation shall be sentenced to a fine for the same kind of crime and a fine.