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(영문) 전주지방법원 정읍지원 2014.12.17 2014고합70
공직선거법위반등
Text

Defendant

Punishment against A is 900,00 won, 700,000 won, and 300 won, and punishment against Defendant C.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are candidates for a National Assembly member election E (F constituency) on June 4, 2014, and Defendant B is the person in charge of accounting of Defendant A’s candidate.

The candidate and accountant in charge shall not disburse the election expenses in excess of 1/200 of the restricted amount of election expenses announced publicly under the provisions of public announcement of the restricted amount of election expenses, and the restricted amount of election expenses for the Eth Assembly members election districts in the 6th national and local local elections, shall be 40,000,000 won.

Nevertheless, the Defendants conspired to pay election expenses in excess of 40,00,000 won, which is more than 4,934,867 won (24.7/200), which is the restricted amount of election expenses for the E-Council election of National Assembly members held on June 4, 2014.

2. Only the person in charge of accounting may receive and disburse political funds of a candidate and a preliminary candidate to run in an election for public office for defendants A;

Nevertheless, the defendant from April 25, 2014 to the same year.

5. By November 1, 200, the Defendant sent KRW 1.4 million to the account in the name of H, using the Agricultural Cooperative Account in the name of the Defendant, which was not reported to the E election commission, including election expenses, over six times in total.

Accordingly, the defendant spent political funds even though he is not a person in charge of accounting.

3. Defendant C

(a) No one may provide money, goods, or other benefits in connection with an election campaign regardless of the pretext, such as allowances, actual expenses, and compensation for volunteers, except where allowances, actual expenses, and other benefits are provided pursuant to the provisions of the Public Official Election Act, and only a person in charge of accounting of the political funds of a candidate for or a preliminary candidate to run in an election for public office may do so;

Nevertheless, around May 29, 2014, the defendant paid KRW 500,00 to I who is a volunteer for the election campaign of the above A candidate, and the same year.

6.9.J as election campaign workers.

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