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(영문) 광주지방법원 장흥지원 2018.12.18 2018고합34
공직선거법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a person who was born to the candidate C for a political party in the constituency B of the 7th local election of the Daranam National Assembly member, which was implemented on June 13, 2018, and D was a person in charge of accounting of

1. A political party, candidate, chief of an election affairs liaison office, accountant in charge, or accountant in charge of accounting affairs in violation of the Public Official Election Act shall not disburse election expenses in excess of 1/200 of the amount restricted for election expenses publicly notified under the Public Official Election Act;

Nevertheless, from March 2, 2018 to June 12, 2018, the Defendant and D disbursed more than 1/200 (22,00 won) more than 24,642,40,000 won (22,00 won in excess of 642,40,404 won) and more than 1/200 (222,00 won in excess of 642,40,50 won in excess) of the election expenses announced by the F election management commission, by paying the total of KRW 44,642,40,00 in election expenses, such as KRW 2,642,50,00 in the election campaign office of the Defendant in south of E, from March 2, 2018.

Accordingly, the defendant, in collusion with D, spent election expenses exceeding 1/200 of the limited amount of election expenses notified by the Public Official Election Act.

2. A candidate or preliminary candidate to run in an election for public office in violation of the Political Funds Act shall disburse election expenses with his/her own property, and shall not disburse such election expenses without going through the person in charge of accounting.

Nevertheless, on May 2018, the Defendant produced 19,00 boxes for preliminary candidates to G H for election campaign at an election campaign office located in Southern E, which was located in the middleman, and paid KRW 760,000 to H in the cash owned by the Defendant.

As a result, the Defendant spent election expenses, which are expenses for producing pre-candidate candidates, without going through a person in charge of accounting.

Summary of Evidence

No. 1 of the Judgment

1. Statement by the defendant in court;

1. A written accusation of the F Election Management Commission;

1. An agreement on election expenses disbursement;

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