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(영문) 대전지방법원 홍성지원 2016.11.03 2016고합72
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 800,00, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No one shall make, or have another make contribution to, a candidate or the political party to which he belongs in connection with an election.

1. On March 25, 2016, Defendant A and Defendant B provided the 16 electorates, including G, H, and I, for the 20th National Assembly member candidate for the 20th National Assembly member candidate at the “E cafeteria” restaurant located in Chungcheongnam-nam D and the 2nd floor, and Defendant B provided the 15 female electorates present at the above 13:42 of the same day with 13:42 of the same day with the 93,00 won and the 18,000 won and the 188,000 won and the 288,000 won and the 15th of the 15th of the 193,000 won and the 5th of the 20th of the same day.

Accordingly, the Defendants conspired to make contributions for the candidate in connection with the election.

2. On March 25, 2016, Defendant B provided 126,000 won per person, following the first 7 electorates, including L, M, etc. for the 20th National Assembly election candidate F, at the “E cafeteria” restaurant located in Chungcheongnam-Nam and the second floor.

Accordingly, the defendant made contributions to the election for the candidate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutorial statement made by N, G, H,O, L, P, M, Q, R, T, and U;

1. A written accusation and a written answer;

1. The application of Acts and subordinate statutes to the E-Sales Books, receipts, copies of credit cards, photographs of participants, etc., investigation reports (verification of monetary data), investigation reports (report on personal information of F Council members assistants attached thereto);

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

(a) Defendant A: Articles 257(1)1 and 115 of the Public Official Election Act, and Article 30 of the Criminal Act;

B. Defendant B: Articles 257(1)1 and 115 of the Public Official Election Act, and Article 30 of the Criminal Act (the fact of the crime committed at the time of sale).

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