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(영문) 인천지방법원 2017.06.28 2016고합870
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a member of the “F supporters’ association (hereinafter referred to as “ supporters’ association”) that financially supports the activities of the said mountain conference at the five simultaneous local elections conducted on July 1, 2010 and the six simultaneous local elections conducted on July 1, 2014, who is a member of the 7th simultaneous local election scheduled to take place on June 13, 2018, who wishes to become a candidate in the 7th simultaneous local election, which was elected by going to the election district in Incheon Metropolitan City, and is a member of the “E Mountain Association (hereinafter referred to as “E Mountain Association”) comprised of residents in the constituency in Incheon Metropolitan City.”

No company or juristic person or organization having relations with a candidate (including a person intending to become a candidate) or his/her family members, or its officers or employees, shall make contributions to the election concerned before the election period, and the election period, regardless of whether or not it is an election, for the candidate or the political party to which he/she belongs,

In such cases, making contributions by disclosing the name of the candidate or political party to which he belongs, or in such a manner that the candidate or the political party to which he belongs is presumed to make contributions, shall be considered as contributions for the candidate or political party in connection with the election.

The Defendant was receiving support payments of KRW 3,50,000 from the sponsoring association organized on February 2015 to KRW 11, 50,000 through a total of seven times from the mountain conference’s membership fee account. On November 2015, the Defendant: (a) under the pretext that the mountain association’s membership fee was at least three million, including support payments received from the supporters’ association on April 2015; (b) provided an opportunity to raise the Defendant’s personal guidance by holding a “the nighttime of the mountain conference’s mountain (hereinafter referred to as the “instant mountain club”) around the end of the year 2015,” and (c) providing an opportunity to raise the Defendant’s personal guidance on the mountain conference under the name of the mountain conference, compared to the actual occurrence of a violation of the Election Act in cases of holding the mountain conference under the name of the mountain conference, the Defendant is the president of the mountain conference, who is outside the mountainous conference.

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