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(영문) 창원지방법원 2015.02.12 2014고합280
공직선거법위반등
Text

[Defendant A]

1. Defendant shall be punished by a fine of 4,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a co-representative of the F Co., Ltd. (hereinafter referred to as the "F") in Kim Sea-si, who was elected by going to the 'G' constituency at the 6th local election of a member of the Kimhae-si, which was implemented on June 4, 2014, and Defendant B is a person appointed as a person in charge of accounting of A around May 9, 2014 while employed as an employee of the election campaign office A as a member of the election campaign office in early March 2014.

1. Defendant A

(a) No person who violates the Public Official Election Act due to the use of special status shall carry out or have another person carry out an election campaign aiming at the members of an educational, religious or professional institution, organization, etc., taking advantage of any occupational act within the organization thereof, or carry out an election campaign aiming at an enterprise, organization, enterprise, or its members, taking advantage of a special transaction status, such as a verticalization or subcontract;

Nevertheless, from the early March 2014 to June 11, 2014, the Defendant instructed the vice-president in charge of accounting affairs in F, which the Defendant is a joint representative director, to work at the Defendant’s election campaign office. Accordingly, H, while working as an election campaign manager, etc., instructed the employees of the election campaign office to take charge of accounting affairs, and carried out an election campaign against the election campaign workers, such as guiding and managing the attention points related to the election campaign.

Accordingly, the defendant, as the representative director of F, had H carry out an election campaign using his official act.

(b) No one shall provide any money, valuables, or other benefits in connection with election campaign regardless of the pretext, such as allowances, actual expenses, other compensation for volunteer services, except where allowances, actual expenses, or other benefits are provided pursuant to the Public Official Election Act due to the provision of benefits related to election campaign;

Nevertheless, the Defendant employed B on March 10, 2014, on condition that the Defendant would pay KRW 1.6 million per month at its own election office located in the 1.6 million building I in Kimhae-si.

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