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(영문) 전주지방법원 남원지원 2014.11.28 2014고합30
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant: (a) was a candidate in charge of D, a candidate in charge of C market, who was going out of the 6th local election of Dong-si local government nationwide, who was carried out on June 4, 2014; and (b) was not required to pay election expenses in excess of 1/200 of the restricted amount of election expenses publicly notified under Article 122 of the Public Official Election Act; and (c) on January 24, 2014, the C Election Commission publicly announced the restricted amount of election

Nevertheless, from April 7, 2014 to June 17, 2014, the Defendant disbursed a total of KRW 155,106,430 as election expenses, such as clothes, campaign posters production expenses, etc. for election campaign, and disbursed a total of KRW 155,106,430 (amount in excess of KRW 14,106,430) exceeding the above limit.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A report on revenues and expenditures of political funds;

1. Public announcement of restricted amount of election expenses, report on change of accountant in charge, written consent to taking office, written agreement on expenditure for election expenses, receipt and transfer of political funds, and application of statutes;

1. Article 258 (1) 1 of the Public Official Election Act and Articles 122 of the same Act concerning criminal facts and the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing order of provisional payment is that the Public Official Election Act limits the amount of election expenses in order to prevent an election for public office, which is the basis of democratic politics, from being carried out in an unfair manner due to differences in economic power between the candidates. Thus, the responsibility of the defendant who has paid the election expenses in excess

However, considering the favorable circumstances that the defendant led to the confession of the crime of this case and divided his mistake, that there is no record of criminal punishment, that the crime of this case is attributable to the defendant's experience in the accounting affairs related to the election, and that the crime of this case seems to have a significant impact on the election.

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