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(영문) 수원지방법원 2012.11.23 2012고합724
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A had been willing to offer money and valuables to the election clerks in order to help them carry out the election campaign for the 19th election of the National Assembly members of E, a candidate for the 19th election of the National Assembly members, which was known to Defendant A prior to this time.

Accordingly, around March 29, 2012, the Defendant provided KRW 300,000 in cash to B, an election campaign worker of the above candidate, who is an election campaign worker of the above candidate, as meal expenses at the election campaign office of the E located in the wife population F, and around April 9, 2012, at the G restaurant located in the same Dong, food equivalent to KRW 288,80,80, such as an election campaign worker who was engaged in telephone publicity at the E candidate office, was provided.

Accordingly, the Defendant provided B, etc. with money equivalent to KRW 588,00 in total in relation to the election campaign for the 19th National Assembly member.

2. Defendant B is a person who was an election campaign worker E who was a candidate for a National Assembly member when he permits the 19th National Assembly member election to D.

The Defendant was provided with food such as a 300,000 won and 24,000 won in cash under the pretext of encouragement for election campaign affairs, such as telephone publicity, etc. for E at the time and place specified in paragraph (1).

Accordingly, the Defendant received money and valuables worth KRW 324,00 in total from A in relation to the election campaign of the 19th National Assembly member of E.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The prosecutor's statement of H (including the I's statement);

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

1. Application of Acts and subordinate statutes to accusation a violation of the Public Official Election Act, S and T respective certificates, recording records, investigation reports (verification of details of transaction accounts in the name of a suspect B), investigation reports (H and I's report on confirmation of details of card use);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 230(1)4 and 135(3) of the Public Official Election Act (elective of fines);

B. Defendant B: Each public official election law.

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