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(영문) 대구지방법원 2012.12.26 2012고합1078
공직선거법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person in charge of accounting of a candidate E who was a candidate for a National Assembly member C in the 19th National Assembly election conducted on April 11, 2012.

1. Except for cases where allowances, actual expenses, and other benefits are provided under the Public Official Election Act, no one shall offer, express an intention to offer, or promise, instruct, induce, mediate, request or receive money, goods, or other benefits in connection with the election campaign regardless of the pretext such as money, goods, or compensation for volunteer service;

Nevertheless, around March 29, 2012, the Defendant provided meals equivalent to KRW 480,210 in total to 22 election campaign workers in the nearby restaurant in Busan Metropolitan City from the same day to April 10, 2012, including the provision of meals to election campaign workers G, etc. who are engaged in election campaigns for candidates E at the F restaurant in Busan Metropolitan City.

Accordingly, the defendant provided the campaign workers with the benefits not paid by the Public Official Election Act in relation to the election campaign.

2. The accountant in charge shall not fail to make an accounting report on the election expenses without any justifiable grounds, or make a false entry, forge, alter, or omit it.

On May 11, 2012, the Defendant made an accounting report on the revenue and expenditure of election expenses to the Gyeonggi-si Election Commission, which is 34-6,34-6,00, the Defendant: (a) around April 23, 2012; (b) around April 23, 2012, the Defendant prepared and submitted a “detailed statement of allowances and actual expenses for an election campaign worker” as if he/she additionally paid KRW 910,000,00, in addition to the above amount, even though he/she paid KRW 1,170,000, in total, allowances and actual expenses to the person in charge of accounting of the H election campaign liaison office, and KRW 910,000,000, in addition to the above amount.

In addition, the Defendant’s fact is that he/she worked as an election campaign worker until April 5, 2012, the sum of allowances and actual expenses from March 29, 2012 to April 5, 2012, and KRW 560,000, and the Defendant’s fact is that.

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