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Defendant shall be punished by a fine of KRW 900,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant was a candidate for simultaneous local elections without the country conducted on June 13, 2018.
C It is a person supporting C Gun D.
No one shall make, or have another person make contributions to, an election for a candidate or a person who intends to become a candidate in connection with an election.
Nevertheless, on December 2, 2017, the Defendant found the F’s house located in South South E, and delivered KRW 20,000 in cash to F, “D’s associate money” to F, and made a contribution to F, for D for the purpose of a person who wishes to become a candidate for C head of C/Gun with respect to simultaneous local elections at the seventh time.
Summary of Evidence
1. The defendant's legal statement;
1. Statement made by the prosecution with respect to F (including the G statement);
1. Protocols of seizure, list of seizure and photograph of seized articles;
1. Report on internal investigation (the details of phone calls of F from among the details of mobile phone calls A of the suspected criminal suspect A);
1. Application of communications details (76 pages of investigation records) Acts and subordinate statutes;
1. Article 257 (1) 1 and Article 115 of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of punishment: Fines of 50,000 to 10 million won; and
2. Scope of the recommended punishment according to the sentencing guidelines [the type of determination], violation of restrictions on prohibition of contributions, contribution act [the person subject to special sentencing] mitigation element] - where money and valuables provided or benefits are extremely insignificant [the scope of the recommended punishment] mitigation area [the scope of the recommended punishment] 50,000 won to three million won.
3. The Defendant’s crime of this case in light of the fact that the Public Official Election Act strictly prohibits the act of donation, irrespective of its name or form, is likely to undermine the fairness and transparency of the election, and to interfere with the rational choice of voters.
However, when the defendant comes to this court, it is replaced by his own crime in the investigative agency.