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(영문) 창원지방법원마산지원 2017.07.20 2017가단100805
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 11, 2015, the Plaintiff was elected as a candidate for the election of the head of the Gyeong-gun, Gyeong-gun, Gyeong-nam City Partnership, among the first nationwide elections of the head of the Dong-si Cooperative.

B. On March 8, 2015, the Defendant accused that “the Plaintiff requested support from the Defendant at around 14:00 on March 7, 2015, and provided KRW 200,000 (the KRW 50,000 won)” to the Gu/Si/Gun election commission around 12:59.

C. The election commission filed a charge of violating the Act on the Commissioned Election of Public Organizations, Etc. with the head office of the Changwon District Prosecutors' Office.

The Plaintiff was indicted for violating the Act on Entrusted Elections by Public Organizations, etc. as follows, but the first instance court (Seoul District Court Decision 2015No460) rendered a judgment of not guilty on October 21, 2015 on the grounds that the Defendant’s statement, which is direct evidence corresponding to the facts charged, cannot be acknowledged solely and that there is no other evidence. While the Prosecutor appealed, the appellate court (Seoul District Court Decision 2015No2593) rendered a judgment of not guilty on July 14, 2016.

Therefore, although the prosecutor appealed, the appeal was dismissed (Supreme Court 2016Do12280) and the above judgment became final and conclusive.

Defendant

A is a person who was a candidate for the president of the cooperative in the election of the president of the cooperative in the first time on March 11, 2015, which was implemented on March 11, 2015.

Defendant

A, around 14:00 on March 7, 2015, found in B’s residence located in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun, and provided money to the elector for election campaign by issuing KRW 200,000 (one cash KRW 50,000) prepared in advance to B, who is a member of C, for the purpose of requesting support to B, who is an elector.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 7, 8, 9, 10 items, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's summary of the plaintiff's assertion was investigated by an investigative agency due to the defendant's accusation, and finally acquitted. Thus, the defendant is not guilty.

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