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(영문) 광주지방법원 2016.12.09 2016고합400
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 2,500,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was an election campaign manager and a person in charge of accounting of G elected in Gwangju E-election implemented on April 13, 2016, who was an election campaign manager and a person in charge of accounting of the F Party, and Defendant B was a person who was in charge of the head of the organizational headquarters in the above G election campaign office.

No person shall offer, express an intention to offer, or promise to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext such as actual expenses, other compensation for volunteers, etc.

On April 21, 2016, the Defendants provided KRW 1,989,900 for each of the 994,950 won to K in charge of the work of organizing the contact address and address of voters as X-cell files in the G candidate election campaign office located on the third floor of the IMO building in Gwangju-gu.

Accordingly, the Defendants conspired to offer money or goods in relation to the election campaign.

Summary of Evidence

1. Defendant B’s partial statement

1. Partial statement of the witness K in the court;

1. Each prosecutor's statement to J;

1. Part of the prosecutor's statement concerning K;

1. Each record of L or M;

1. Sable posts, tables related to advance polling, reports on revenues and expenditures of political funds, certificates of transaction confirmation, labor contract documents, certificates of transaction confirmation, volunteer list (a list sent from the G candidates to the frontline), copies of passbooks, volunteer identification list, and application of statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 230(2) and (1)4 of the Public Official Election Act, Article 135(3) of the same Act, and Article 30 of the Criminal Act;

B. Defendant B: Articles 230(1)4 and 135(3) of the Public Official Election Act, and Article 30 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Code (the term of concurrent crimes as provided for in the Public Official Election Act violation of the Public Official Election Act with heavy J) is 1.

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