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(영문) 창원지방법원 2012.12.27 2012고합374
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was in charge of D, a candidate for the election district, in Changwon-si, a candidate for the 19th National Assembly member who was implemented on April 11, 2012, and a political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses publicly notified pursuant to Article 122 of the Public Official Election

On December 1, 2011, the Changwon-si Election Commission publicly announced the restricted amount of election expenses of KRW 188,00,000 for the Changwon-si election district. On March 31, 2012, the Defendant sent to the candidate an official door to the effect that “the total of KRW 550,000 for the production of an invitation letter for opening the D candidate election office and KRW 1,502,02,00 for the postal delivery expenses” includes election expenses. On December 12, 2011, the Defendant participated in the education for the preliminary candidate accountant in charge conducted by the Changwon-si election commission and received the said official door directly, despite having been well aware of the aforementioned contents, paid KRW 189,330,713 as election expenses for D’s election campaign, including the production of the said invitation letter and postal delivery expenses.

Accordingly, the Defendant spent election expenses exceeding KRW 188,940,00,000, and KRW 188,940,000, which are the total sum of KRW 188,000 and KRW 1/200,000, which are restricted amount of election expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (to hear statements by election campaign manager E);

1. Judgment on the assertion by the defendant and the defense counsel as a result of each education, the register of participants, each official document register, each official document receipt, receipt of political funds, report on the appointment of accountant in charge, agreement on the amount of election expenses disbursement, public announcement of restricted amount of election expenses, the defendant and the defense counsel;

1. The Defendant alleged ① the cost of creating a letter of invitation of criminal facts that was disbursed by the Changwon City Election Commission with the accounts of “out-of-election expenses” subject.

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