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(영문) 광주지방법원 2016.11.04 2016고합373
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a previously a driver of E, who was going to run in the area of Incheon Metropolitan City C (hereinafter referred to as "Incheon C") in the election of the 20th National Assembly members on April 13, 2016 and went to the area of the 20th National Assembly member.

No one shall offer, express an intention to offer, or promise to offer money, goods, or other benefits in connection with an election campaign regardless of the pretext, such as allowances, actual expenses, compensation for volunteer service, etc., and shall post letters, voice, images, video, motion images, etc. on the bulletin board or constituency of the Internet homepage or send e-mails or text messages to e-mails in order to influence the election, and shall not offer, express an intention to offer, or promise to offer money, goods, or other benefits in return for such act

On February 2, 2016, the Defendant: (a) knew of the fact that E had a view to falling short of the candidates for other competition in the Incheon constituency, and that D political parties affiliated with E are relatively young generations, and that young generations are using online services such as Internet and e-mail, and was willing to actively publicize E and improve E’s awareness.

On February 29, 2016, the Defendant: (a) sent an online advertising agent G with a favorable writing to E in NAB B by means of posting NAB Blob Blob, and (b) sent the “E candidate” to E; (c) actively promoting E, and (d) suggesting that he/she be aware of the positive image as a candidate for the National Assembly member of the Incheon Metropolitan City, and enhancing the right holder’s awareness of the positive image as a candidate for the National Assembly member of the Incheon Metropolitan City; and (c) on February 15:31, 2016, the Defendant sent KRW 2 million to E’s wife H from the foreign exchange bank account (Account Number:J) in the name of G.

Accordingly, the defendant offers money and valuables in relation to the election campaign.

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