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(영문) 대전지방법원 논산지원 2021.01.13 2020고합37
공직선거법위반
Text

[Defendant A] The defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On the premise, Defendant A served as the president of the D Cooperative (hereinafter referred to as the “D Cooperative”), a company operating welfare facilities for senior citizens in Chungcheongnam-Nam, and was working as the president of the D Cooperative (hereinafter referred to as the “D Cooperative”) in the 20th National Assembly member election for the E candidate E from the 20th National Assembly member election; Defendant A was working as the president of the H candidate’s G election liaison at the 7th local simultaneous election; Defendant B was a person who served as a director of the D Cooperative and was working as a member of the F Party.

D Association is a corporation entrusted with the spring service business for the elderly from G to B on January 1, 2020 on December 31, 2022, which is a company entrusted with the business of springing for the elderly. The association itself employs a social welfare worker and a worker under a contract (one year of contract period) through the examination of documents and interview, and provides them with a living support service for the elderly.

Criminal facts

Except as otherwise expressly provided for in the Public Official Election Act, no one shall conduct an election campaign for any propaganda facility or instrument, various printed materials, broadcasting, newspaper, news communications, magazine, other publications, campaign meetings, debate, native folks meeting, alumni meeting, neighbors' meeting, other assemblies, information and communications, establishment of an election campaign organization or private organization, door-to-door visit, or other methods prior to the election campaign period, and shall conduct an election campaign for its members or have another person conduct an election campaign using any occupational act within the organization of an educational, religious, or professional institution, organization, etc., by using such act in the course of performing his/her duties.

Nevertheless, the Defendants came to know that the Defendants would hold a commemorative meeting in the “M” located in the 21st National Assembly member election (IJ K constituency, F Party preliminary candidate registration on December 17, 2019) around January 11, 2020, taking advantage of the fact that the Defendants were the executives of the D Union and are planned to hold a formal private rally in the 21st National Assembly member election in the 21st National Assembly member election, the Defendants were the employees of D Association.

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