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(영문) 서울남부지방법원 2017.01.05 2016고합383
공직선거법위반등
Text

[Defendant A] Each of the crimes set forth in Article 1(a) of the judgment of Defendant A shall be punished by imprisonment with prison labor for eight months, and each of the crimes set forth in Article 1(b).

Reasons

Punishment of the crime

1. Defendant A

(a) Except where allowances, actual expenses, and other benefits are provided pursuant to the Election of Public Officials Act in connection with election campaign, anyone shall be prohibited from offering, expressing an intention to offer, or arranging, arranging, demanding, or receiving money, valuables, or other benefits in connection with the election campaign regardless of the pretext thereof, such as allowances, actual expenses, other compensation for volunteer service, etc., in connection with the election campaign;

On March 5, 2016 and April 11, 2016, the Defendant received money and valuables in relation to M election campaign by receiving KRW 5,650,00 in total as expenses for election campaign activities of M from N, a person in charge of organization management of the area in the new and newanananan area, as shown in attached Table Nos. 1, 3, 7 and 9, 11, 14, 16 from N, a person in charge of organization management of the area in the new and newan area, as a result of a new report of M candidate, at the southan Military L, etc. which had been located.

(2) An excessive disbursement of election expenses shall not exceed 1/200 of the amount limited to election expenses publicly announced by a political party, candidate, chief of the election affairs office, chief of the election affairs liaison office, accountant in charge, or accountant in charge, or accountant in charge.

The Defendant, in the deposit account reported with the accountant in charge of the candidate M. in charge of the election expenses, made a public announcement of KRW 213,00,000,000 of the amount of the restriction on the election expenses in the area of the pre-existing rock, the amount of the restriction on the election expenses is within the amount of the restriction on the election expenses publicly announced, and the Defendant, separately, solicited the Defendant to disburse the election expenses in excess of

Accordingly, the Defendant, separate from the deposit account reported at the Naman-gun L, etc., on March 12, 2016 through December 12, 2016, remitted KRW 36,100,000 to the total deposit amount of KRW 31,184,385, as shown in the attached Table of Crimes (2) and then deducted the balance as of April 12, 2016 from the total deposit amount of KRW 31,184,385.

The election expenses disbursed for the deposit account reported for the election expenses and in which an accounting report has been made.

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