2010Gohap400 Violation of the Public Official Election Act

○ (000000 - 00000)

Seoul Residence

Seoul basic domicile

Kim Yoon-Jon

Attorney Lee E-soo

Law Firm Il, Attorney Lee Don-soo

Law Firm Mad Cow, Attorneys Yoon Byung-chul

October 28, 2010

Defendant shall be punished by a fine of KRW 2,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

The defendant was elected on June 2, 2010 by going to the candidate for the head of ○○○○○○○-ro local election at the fifth national provincial election that was implemented on June 2, 2010.

The Defendant, on May 2, 2010, transferred the ○○○○○○○○○○○○○ Party and the old-ro railroad base construction located in the Guro 1 Dong, and Guro-gu should input KRW 5,000,000,000,000,000, which was set as the relocation project cost, into the undergroundization project of the 1st place inside the national railroad line. “The purpose of this is to enter into a policy agreement between the candidates for the ○○ Party, and there was no consultation with the authority of the Gyeyang-si in relation to the relocation of the railroad base, and there was no promise.

Nevertheless, around May 15, 2010, the Defendant sought a lot of transfers without any civil petition from the old-ro 1 railroad base. The reason why the relocation of the base base is known is that there is no ground to move. However, the land promised at Ansan-si and the land is completely separated from the dwelling area and there is no civil petition. Even if the Ansan-ro market is established, the book-type election campaign bulletin (hereinafter referred to as “election campaign bulletin”) with the content of “the election campaign bulletin”) was made.

On May 23, 2010, the Defendant sent by mail to 6,127 electors who reported an absentee election campaign bulletin wherein the aforementioned contents are indicated through the Guro-gu Election Commission.

From May 27, 2010 to February 28, 2010 of the same month, the Defendant continuously sent to 333,441, 166, and 832 electors except the absentee via each Dong office by mail. Accordingly, for the purpose of election, the Defendant prepared an election campaign bulletin stating false facts as if the old base was consulted with the Ansan-si authorities or promised with respect to the alternative site before the relocation, and sent them to the voters and published false facts as to the Defendant’s act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of ○○○○○, Park ○○○, and each legal statement of ○○○○, and each part of ○○○;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor’s statement on ○○, ○○, ○○, ○○, and ○○○;

1. An investigation report ( press reports related to the relocation of the Gu Railroad Station), an investigation report (report on the distribution of promotional materials for the election of a suspect, etc.), an investigation report (Attachment to a preliminary feasibility report, etc. on the Gu Road Base Relocation Business), and an investigation report (Attachment to the details related to the pledge of relocation of the Gu Road among Defendant Blobs).

1. Responses related to the transfer of old rolling stock bases;

1. One copy of book-type election campaign bulletins, preliminary candidates, campaign promises, written campaign promises, original data on election campaign bulletins, and one copy of receipt for domestic mail in Seoul Geumcheon-cheon Post Office;

Application of Statutes

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

Article 250(1) of the Public Official Election Act (in general, selection of fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Defendant and his defense counsel’s assertion

The fact that the election campaign bulletin stating the purport of transferring the above railroad base in consultation with the defendant was sent to the voters is recognized, although the defendant entered into an agreement with the candidate for the Gyeyang City City Mayor for the purpose of transferring the old 1-dong railroad base in relation to the relocation of the old 1-dong railroad base, and there was no consultation with the Ansan City. However, the defendant entered the same contents in the election campaign bulletin

the fact was known.

In other words, the Defendant: (a) prepared an original written pledge in which the Defendant prepared a detailed draft of the election campaign bulletin; and (b) had ○○○, a public relations manager, prepare a draft of the election campaign bulletin on the basis of the original text of the said pledge; and (c) ○○, as seen above, erroneously summarized the contents of the election campaign bulletin. While the Defendant had designated a pledge to fill in the election campaign bulletin on the basis of the original text of the said pledge on the basis of the original text of the election campaign bulletin, the Defendant merely examined the draft of the election campaign bulletin on two occasions after designating the pledge to fill in the election campaign bulletin among several development public announcements, the Defendant did not have any awareness or intention on the publication of false facts. However, as the Defendant did not have any awareness of the content of the said election campaign bulletin, including the transfer of the instant railroad base on the due election day, and did not know the specific text of the individual campaign bulletin

2. Determination:

Comprehensively taking account of the following circumstances acknowledged by the aforementioned evidence, the part of the election campaign bulletin in relation to the transfer of the railroad base in the process of manufacturing and distributing the instant election campaign bulletin was posted, and the Defendant was aware of the fact that the part was false. Thus, the above assertion is rejected.

A. Around 1974, the main purpose of the railroad base relocation project is to transfer the vehicle base in size of 253,224 square meters (76,000 square meters) installed in Guro-gu Seoul Metropolitan Government, Guro-gu, to the outside, one of the presidential pledge projects in 2003. Around 2005, the State Council decided to review the external transfer of the vehicle base in the Seoul Metropolitan area as part of the comprehensive plan for development of the Seoul Metropolitan area, and submitted a preliminary feasibility study report from KR around August 2006. Since then, the preliminary feasibility study and the basic plan for the relocation of the vehicle base project were conducted "the old 2 billion won budget with the Ministry of Land, Transport and Maritime Affairs as of 2010." As such, the railroad base relocation project was a long-term accommodation project in Guro-gu including one Dong-dong located in the 695-dong, Guro-gu, Seoul Metropolitan Government, and it was an important issue that the Defendant prepared the new railroad base report to the extent of 6th election campaign.

나. 피고인은 ○○당 구로구청장 후보자 신분으로 2010. 5. 2. 국회 정론회관에서 철도기지창 이전사업에 관하여 같은 당 안양시장 후보자인 최○○와 " 1. 안양시에서 구로철도기지를 유치한다. 2. 구로구는 구로철도기지 이전사업비로 책정된 5, 000억 원을 국철 1호선 안양구간 지하화사업에 투입한다. 3. 추후진행은 구로구 · 안양시 · 철도공사의 협의를 통해 진행한다. " 라는 내용의 협약을 체결하였고, 당시 철도기지창 이전 부지로 광명역 주박기지 아래 부분 토지 ( 안양시 소유 토지 40 %, 광명시 소유 토지 60 % ) 를 예정하고 있었다. 또한 피고인이 직접 작성한 공약서 원문에는 철도기지창 이전 사업과 관련하여, " 양 도시의 단체장 후보끼리 윈윈사업으로 협약을 맺고 추진할 예정이나 이 사업은 양 도시 모두가 크게 이익이 되는 사업으로 어느 후보가 당선되어도 주민에 의해 반드시 실현될 것입니다. " 라고 기재되어 있었다 .

반면 피고인의 선거공보에는 " 안양시에 민원도 전혀 없는 이전 적지를 찾았습니다. 안양시와 구로구가 윈윈사업으로 공동 추진합니다. 기지창 이전이 안되고 있는 이유는 옮겨갈 땅이 없었기 때문입니다. 그런데 안양시에서 약속했고 그 땅은 주거지와 완전히 분리되어 있어 민원도 없는 곳입니다. 누가 안양시장이 되더라도 반드시 실현됩니다. " 라고 기재함으로써 마치 그동안 이전 부지 마련의 곤란으로 인하여 철도기지창 이전사업이 계속하여 무산되어 왔는데 피고인의 노력으로 안양시에서 민원의 소지가 없는 이전 적지를 찾았고, 안양시에서 그 토지를 기지창 이전 부지로 제공하기로 공식적으로 약속하였기 때문에 누가 안양시장에 당선되더라도 그 약속을 이행할 수 밖에 없는 것처럼 표현하였다 .

The contents of such election campaign bulletins are clearly different from the original text of the agreement or pledge, and even if the defendant reviewed the election campaign bulletins in outline as the defendant's assertion, he could have easily known the difference.

C. On May 6, 2010, after the conclusion of the above agreement, the Defendant agreed on May 6, 201, whether the citizen on the Defendant’s Blog, who was prior to the production of the election campaign bulletin, was a citizen of the Defendant’s Blog and the specific place of transfer.

On the other hand, I would like to see where to what extent the face value is accurately known, I would like to know that ○○ was prepared to complete all the relevant questions prior to the establishment of a railroad base. However, detailed matters would be known through the election campaign bulletin. In advance, if all relevant matters are disclosed, it would be a pledge that would not distort the information and be misused and abused. The reason is that there would be no grounds for the disclosure of all the relevant matters. The answer was made by the Defendant to post the answer with the content of the election campaign bulletin related to the transfer of the railroad base. In light of these answers, the Defendant appears to have been using a ne in particular (the location of the planned site prior to the establishment of a railroad base was first disclosed through the election campaign bulletin of this case).

D. The ○○○○ prepared a draft of the election campaign bulletin by inserting a summary of the original text of the Defendant’s pledge.

Although this testimony was made, the original text of the pledge prepared by the defendant only stated that "to enter into an agreement after the organization of both cities" and "to enter into an agreement after the organization of both cities," and there is no expression.

E. In addition, in the prosecutor's office and this court, ○○ shows the first 12 pages on which pictures, signs, pictures, etc. are arranged without any specific phrase, and then received supplementary instructions from the Defendant, and thereafter, shows the second cryp that the Defendant was given with the phrase, such as the railway base relocation design, etc., after which the Defendant had been placed. The last cryp has been presented with the third cryp prior to entering the last cryp, and it was shown that the Defendant was found to have been prone during the night. "The six development campaign books were directly selected by the Defendant, and the Defendant was directed the Defendant to post an agreement on the front cryp of the proposed promise of the railroad base relocation." The fact that the cryp was given two times the election campaign bulletins contained in the text, and that the Defendant was given specific instructions from the Defendant in relation to the transfer of the railroad base relocation design.

F. In addition, the defendant at the prosecutor's office, "I will the suspect re-examine the book-type election campaign bulletin, etc. before filing a report on the election campaign bulletin after the completion of printing?" The question of "I will do so."

I thought that I will read the entire site and then sent it on the front line. I made a book-type election campaign bulletin by putting up a sign photograph or a studio without being able to shot, and therefore there was memory that had been frighting at the end time. "If I make a statement that I reviewed the final copy of the election campaign bulletin by making a statement, I would like to say that "I would not open the prospective site to the public, but if I would not disclose the prospective site, I would like to see the proposed site, I would like to put the location of the prospective site into the book-type election campaign bulletin. I would like to say that I would like to say that I would like to say that I would like to put the location of the prospective site into the book-type election campaign bulletin. I would like to say that I would like to say that I would like to say that I would like to see the book-type campaign book. I would like

In relation to the foregoing, in order to show that there was a controversy over the impossible pledge from the time of the presidential Kim○○○ Council member, the agreement was written in the book-type election campaign bulletin, and the location map of the alternative site was made public. "The above guidance was not given by the Defendant, and it was not ordered by the Defendant to cause the above guidance to the election campaign bulletin. Unlike the testimony of the ○○○○○○, the above guidance was indirectly expressed by the Defendant that the Defendant was involved in the process of preparing the election campaign bulletin, such as recognizing that the above guidance was lost in the election campaign bulletin in accordance with the Defendant's direction.

G. Since the Defendant passed an administrative announcement around 1980, the Seoul Special Metropolitan City served as a public official for 29 years. The latter half of the Seoul Special Metropolitan City Competitiveness Enhancement Institute, Seoul Inspector General, and the Guro-gu deputy head, etc. In light of the Defendant’s career, it is difficult to easily understand that the Defendant was unaware of the importance of election campaign bulletin, which is an election campaign material distributed to all voters at the time of the instant case, or that the Defendant did not properly examine the relevant part of the election campaign bulletin, in light of the empirical rule.

H. Although the original text of an agreement is lost in the election campaign bulletin, it seems difficult for the general public to grasp the contents of the agreement even if the active size is too small and thus, it is difficult to deny the Defendant’s criminal intent solely on the basis of such an agreement.

It is an important factor to clearly inform the right holders of the facts about candidates, including pledges, in relation to the election for reasons of sentencing so that they may select candidates for public service through a sufficient review.

Meanwhile, there are campaign materials for major election campaign, campaign promises, and election campaign bulletins. Among them, campaign materials for preliminary candidates are campaign materials sent by mail to the number of voters equivalent to 1/10 of the voters before the candidate registers as candidates to the election commission (the defendant sent 16,825 copies to voters on April 26, 2010). The campaign promises include the number of voters equal to 1/10 of the voters, and reflects on public relations materials distributed directly from the street using the election campaign workers within the election campaign period (the defendant distributed 16,90 copies on May 23, 2010 to the entire election commission having jurisdiction over the election day). In light of the fact that the election campaign bulletins are sent by mail to the number of voters equivalent to 1/10 of the voters before the candidate registers as candidates, the campaign bulletins for preliminary candidates are distributed to voters around 23, 2010; the portion of the campaign materials distributed to voters on May 23, 2010; the number of voters on May 26, 27, 2018.

However, the defendant was a business of the whole Guro-gu including the Guro 1, and the defendant also found a lot of the relocation of the base of the railway in Ansan-si with the defendant's efforts in relation to the railroad relocation project, which is an important pledge project to the extent that the election campaign bulletin was carried out by the first development project, and as such, the defendant officially announced the false facts in the election campaign bulletin as he received the promise to provide the transfer site officially from Ansan-si.

Although the fact that the Defendant entered into an agreement on the transfer of a railroad base with the candidate for the Ansan-si, not the Ansan-si, was partially reported through a local newspaper or Internet media, the contents of such agreement were not reported to the major media. Although the fact that the above agreement was not an election issue, it did not have been made until the election campaign bulletin was sent to the voters, there was no official election or policy verification among the candidates surrounding the validity or feasibility thereof (it can also be known through the fact that the issue of the transfer of the railroad base was not discussed at once in May 19, 2010). In such a situation, it appears that the Defendant received the election campaign bulletin and that there was considerable confusion among the voters, as well as the Gu road where the railroad base was located, and it seems that there was considerable influence on the list of the voters. Although the election campaign bulletin was posted along with the election campaign bulletin, it was difficult for the owners of the rights to the agreement to prevent such confusion.

Furthermore, even though the Defendant was a land owned by a luminous-si and broad-si, the 60% of the land which the Defendant moved from the election campaign bulletin to the planned location of the railroad base relocation site was not an open-si, but a land owned by a luminous-si, the Defendant did not have any discussion on the luminous-si side and its survey (in relation to the issue, the Defendant appears in the view that the Defendant was not liable for the problem because he decided to obtain the luminous-si market when the candidate was elected to the Ansan-si market).

On May 29, 2010, the Defendant, even after receiving the “request for submission of evidentiary documents following an objection by the Election Commission” on May 29, 2010, posted the original text of the agreement on the election campaign bulletin without making an effort to inform the voters of accurate facts by inserting a news report that actively damages the report or correcting the report materials or by other means and without making an effort to inform the voters of the correct facts, and the Defendant was not at issue or raised an objection rather than filing an accusation on the front line. Therefore, the other party candidate argued that it is unreasonable to express the Defendant as if the Defendant was accused of the investigation agency.

On the other hand, after the Defendant’s election campaign bulletin was distributed, “The Defendant successfully promoted the railroad base relocation project”, what the complainant failed to promote during the period of his/her service in the last eight years? “The complainant was unable to do so from the competent authority for the purpose of election campaign, such as receiving a call from the competent authority for the purpose of election campaign.”

Considering the means and results of the instant crime, the circumstances after the commission of the crime, and the various factors of sentencing as shown in the trial process, such as the Defendant’s age, character and conduct, etc., even though the Defendant had no criminal record, the Defendant was elected as the first (54%) of first (54%) of first instance (54%) of 1,544, 80, 169, 80, 169, and second (43%) of 29 years, even in light of the fact that the Defendant was a public official who served in good faith for 29 years, the sentence of invalidation of election is deemed inevitable and the sentence is determined as ordered.

Parts of innocence

1. Summary of the facts charged

The Defendant, as stated in the facts of the crime in the judgment, did not have any consultation or promise with the Ansan-si authorities regarding the transfer of the railroad base, but at around May 21, 2010, “I would like to realize the relocation of the Gu-ro 1 railroad base. I would like to find a lot of complaints at all at the time of Ansan-si.

It was promised to be realized even if the Ansan market is an Ansan market. The following is the Defendant’s Blop (htp: / www. / wwwe sung.com) and the Internet portal site: (htp:/tv. / tv. dump) to display the promotional video containing any false fact as it was consulted with, or promised with, the competent authorities in connection with the alternative site for the transfer of the Guro Base Construction for the purpose of election, and to publish it on the Internet, thereby publicly announcing the Defendant’s act.

2. Determination

According to the CD verification results in this court, it is recognized that publicity videos, such as the facts charged, were posted next to the Defendant's Blogs and Internet portal sites, but there is no evidence to acknowledge that the Defendant was involved in the production and posting of the above promotional video (in accordance with the witness Lee○-○'s legal statement and the prosecutor's statement about Lee○-○, it can be known that the above promotional video was produced under the lead of Lee○-○ and posted on the Defendant's Blogs, etc. by using the Defendant's ID). This part of the facts charged constitute a case where there is no proof of a crime, and thus, should be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, or if it is found guilty of a violation of the Public Official Election Act, which is held in the relation of a comprehensive crime, the judgment of innocence shall not be pronounced otherwise.

Justices Kim Hong-hoon

Judges fixed interference

Judges Kim Gin-Jin-