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Reasons
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(영문) 광주지방법원 2015.10.13 2015고단3247
공공단체등위탁선거에관한법률위반
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[Defendant A] The defendant A shall be punished by imprisonment for eight months.

[Defendant B] Defendant B shall be punished by imprisonment for four months.

50,000 seized.

Reasons

Punishment of the crime

Defendant

A is a person who was the president of a State EFF (hereinafter referred to as “EFF”) from February 14, 2006 to March 20, 2015; Defendant B is a member of the said EFF.

1. Although Defendant A did not provide money to the elector for the purpose of election campaign, the Defendant intended to provide money to B to prevent the active support of F, who was the head of the EFFF, in connection with the election of the head of the EFF implemented on March 11, 2015.

On January 21, 2015, the Defendant provided cash amounting to KRW 10 million ( KRW 50,000 won) to B, stating, “The Domins and Domins are Domins that the Domins and the Domins are Domins and traveled to the Domins only if the Domins and the Domins are Domins.”

As a result, the defendant provided money to the elector B for the election campaign.

2. Defendant B received KRW 10 million in cash in relation to the election of the head of the EFFF, at the time and place in paragraph 1, upon the request of the head of the EFF, with respect to the election of the head of the EFF.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. Each prosecutor’s statement made in relation to H, I, J, K, L, M, and N;

1. Records of seizure and the list of seizure;

1. Each internal investigation report and each investigation report;

1. The application of the statutes on press reports, the details of each currency, the guidance to hold election clubs, and the list of participants;

1. Article 58 of the Act on Elections Entrusted by Public Organizations, etc. and subparagraph 1 of Article 58 of the Act on Elections Entrusted by Public Organizations, etc.: Subparagraph 3 of Article 58 of the Act on Elections Entrusted by Public Organizations, etc.;

1. Voluntary mitigation of Defendant B: Articles 52 (1) and 55 (1) 3 of the Criminal Act;

1. Confiscation Defendant B: Entrusted election under the Public Organizations, etc. Act;

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