2015Gohap184 Violation of the Public Official Election Act

A

The leap Day (Lawsuits) and Kim Il-il (Trial)

Law Firm B&A

Attorney Kim Dong-dong in charge

Law Firm Bernero

Attorney Lee Dong-sik

August 13, 2015

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On June 4, 2014, the Defendant was a person who was elected by going to the candidate for the new political democracy in the Daejeon Daejeon Metropolitan City Mayor in the 6th nationwide local election, which was implemented on June 4, 2014 * A person who was in charge of the general secretary-general of the candidate election office and was in charge of affairs related to the withdrawal of election expenses.

* The candidate election campaign office consists of the organization room, the secretary room, the planning room, the policy room, the public bulletin room, the media room, the general secretary office, etc. The organization was an organization that takes exclusive charge of all external election campaigns while holding 80 telephone campaign personnel, 80 election campaign personnel (including separate election campaign ex-ante), 80 election campaign personnel, 4 candidate execution team.

On the other hand, the head of each office and the head of each bureau of the election campaign office including Section * A, from time to time, has decided on important matters by holding a meeting of the head of the actual bureau, and according to the direction of Kim********* the right during the election campaign period in the above actual bureau meeting to take charge of telephone campaign in favor of the candidate *** the organization in charge of this responsible person.

위와 같은 결정에 의하여 선거사무소의 전체 자금 지출 업무를 담당하는 피고인은 조 * * , 조직실 내 전화홍보팀장 김OO , 후보 수행팀장 이00 , 여성본부장 김▣▣ 등 선 거사무소 관계자들 및 전화홍보업체 ' H ' 대표 박 * * 과 위 ' H ' 의 자금담당 부장 오○○ 등과 함께 선거사무소의 조직실에 전화홍보 시스템 설비를 갖추어 놓고 전화홍보 선거 운동원들을 동원하여 선거구민들을 상대로 권 * * 후보의 지지를 호소하는 선거운동을 하도록 한 후 김 * * 이 피고인에게 넘겨준 돈을 이용하여 전화홍보 선거운동원들에게 일 당 7만 원 상당씩 선거운동 대가를 지급하기로 하였다 .

Except as provided for in the Public Official Election Act, no one shall offer, express an intention to offer, or promise to offer any money, goods, or other benefits in connection with the election campaign, regardless of the pretext thereof, such as allowances, actual expenses, and compensation for volunteers.

그럼에도 불구하고 피고인은 김 * * , 조 * * , 김00 , 이00 , 김▣▣ 등 선거사무소 관계자 들 및 박 * * , 오○○ 등과 위와 같이 공모하여 2014 . 5 . 22 . 부터 2014 . 6 . 3 . 까지 대전 서구 둔산중로 ( 생략 ) 소재 권 * * 후보 선거사무소의 5층 조직실에서 전화기 70여 대 등 전화홍보 시스템 설비를 설치한 후 위 ' H ' 이 인터넷 광고를 통해 일당제로 모집한 아르바이트생 39명과 ' H ' 직원 17명 및 권 * * 후보 선거사무소 관계자들이 직접 모집한 아르바이트생 23명 등 총 79명으로 하여금 선거구민들 약 394 , 867명에게 전화를 걸어 그 중 약 182 , 467명과 통화를 하면서 미리 준비한 권 * * 후보의 홍보문안에 따라 권 * * 후보의 지지를 호소하는 내용으로 이야기 하도록 하고 그에 대한 대가로 별지 범죄일 람표 기재 ( 생략 ) 와 같이 총 79명에게 합계 45 , 858 , 000원을 지급하였다 .

이로써 피고인은 위 김 * * , 조 * * , 김00 , 이00 , 김▣▣ , 박 * * , 오○○ 등과 공모하여 권 * * 후보의 선거운동에 대한 대가로 총 45 , 858 , 000원을 제공하였다 .

Summary of Evidence

1. Defendant's legal statement;

1. (Omission) A protocol concerning the examination of suspect by the prosecution;

1. (Omission) Each protocol of prosecutorial statement concerning the prosecutorial office;

1. (Omissions) Each written statement;

1. (Omission) Each written confirmation;

1. Each investigation report (right* Attachment of photographs of TM offices of an election campaign office, H employee ○○.

Attachment to the Account of the National Bank, 'The List of Short-Term Election and Information List' and 'the Organization', * 5th floor.

A report on attachment of the place of an election campaign office, and a telephone promotion election campaign office stored in the suspect ○○ PC

Attachment of the total list of mobilization and the details of payment of allowances, this* Voluntary Submission * an application for volunteer service

Reporting, gambling* Attachment of the list of telephone campaigners identified in e-mail* e-mail

J.* The telephone Public Relations Board last* An allowance payment-related data on * etc.

1. Personal information of the part-time employee;

1. Data on verifying the details of various kinds of wages and allowances paid to persons who have part-time worked;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 230(1)4, Article 135(3), and Article 30 of the Criminal Act (Appointment of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Attention Table with the most serious Crimes)

37 Aggravations for concurrent crimes with punishment prescribed in the Public Official Election Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria (violation of each Public Official Election Act);

[Scope of Recommendation Form] Purchase and Understanding Inducement Form 2 (General Purchase)

[Special Mitigation Measures] Self-denunciation

【Special Aggravations ] Systematic and Organizational Crimes

[The scope of final sentence due to the aggravation of multiple offenses] Imprisonment from six months to 2 years from May 10

3. Determination of sentence: Two years of a stay of execution for one year; and

The crime of this case is a case where the defendant mobilized 79 telephone campaign workers who did not be registered as election campaign workers in collusion with the persons related to the election campaign office such as Kim*, *, KimO, Lee OO, Kim Un, etc. * The crime of this case is a case where the defendant provided money and valuables of KRW 45 million in total in collusion with the persons related to the election campaign office such as OO, OO, and OO O * the telephone campaign worker who did not be registered as election campaign workers.

This is a crime that damages the purpose of legislation of the Public Official Election Act that restricts the provision of money or goods related to the election campaign in order to prevent an excessive election campaign from being difficult to carry out a fair election. In light of the fact that the amount of money or goods provided is significant, in the case of telephone campaign, it is highly likely to affect the choice of voters by promoting direct contact with individual voters, and that the telephone campaign is likely to have been carried out in a systematic and planned manner at the official organization of the election campaign.

In addition, the Defendant’s right** the Director General of an election campaign office, who is in the position of making a decision on the expenditure of funds in the election campaign, is taking an important role in paying allowances to telephone campaign workers, and the degree of participation is important. Nevertheless, it is not good that the Defendant appears to have an attitude after the Defendant, who was aware of the fact that the investigation was being carried out by the investigation agency, appears to escape and avoid his mistake.

However, the punishment shall be determined in consideration of favorable circumstances, such as the fact that the defendant has committed all the crimes, the self-denunciation of the defendant, and the fact that the defendant has no previous record of the same kind, taking into account the age of the defendant, character and conduct, environment, motive and circumstance of the crime, etc., and taking into comprehensive account various sentencing conditions, such as the

Judges Song-ho

Judges Kim Jong-Gyeong

Judge Maximum-type Reserve