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(영문) 부산지방법원 2014.12.19 2014고합722
공직선거법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall make contributions for a candidate (including a person who intends to become a candidate) in connection with an election.

Nevertheless, the Defendant, as the president of the volunteer chain “C” on June 4, 2014, provided 20 electorates including H, I, J, K, L, and M, a member of the “C” on the second restaurant of “G” located in Busan F from April 21, 2014 to April 19:41, the Defendant provided N, a spouse of the preliminary candidate E, with meals of at least 341,50 won at the market price, by having them appeal for support for return of the name of the preliminary candidate E.

Accordingly, the defendant made a contribution act for E to a person who wishes to be a candidate in connection with the election.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement against N orO;

1. Each police statement of P, J, Q, K, H, I, L, and M;

1. Responses to the details of the use of the sc cards, credit card transactions inquiry meetings (G cafeterias), and details of the cash receipts transactions (G cafeteria);

1. Application of Acts and subordinate statutes to each internal investigation report (including the date of registration of the E preliminary candidate, accompanied by the telephone details of A and EN), each investigation report (Attachment to the C female membership list, attachment of suspect mobile phone text details, and attachment to CDs as a result of digital evidence analysis);

1. Article 257 (1) 1 and Article 115 (General Provisions and Selection of Fines) of the Act on the Election of Public Officials and Articles 257 (1) 1 and 115 (Selection of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Scope of sentencing] : (a) a fine of KRW 50,000 from 10,000 to 10,000; (b) an election crime; (c) a violation of prohibition or restriction on contribution; and (d) a case where money and valuables provided or benefits provided [special-purposes] [Article 1] [Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) [Article 33 of the same Act] [Article 334(1) [Article 33 of the same Act] (Article 334(1) [Article 334(1)] where money and valuables provided or benefits provided are extremely minor (Article 1) [Article 3

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