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(영문) 청주지방법원 2018.11.02 2018고합183
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From July 1, 2014 to June 30, 2018, the Defendant is a person who served as a proportional representative of C Gun, and went out to a candidate for a political party E in the election of C Gun Council members of the nationwide simultaneous local elections, which was implemented on June 13, 2018, and went out to the 7th election of C Gun Council members of the national simultaneous local elections.

On May 24, 2018, the Defendant submitted a report on the property of a candidate to run in an election for public office at the C military election commission located in the Chungcheongnambuk-do, which was located in the Hahbuk-gu, on the application of candidate registration, without stating KRW 10,357,00 on one’s online ordinary deposits in the Saemaul Treasury, and entered falsely the matters concerning the property of the Defendant, his spouse, and his/her woman’s spouse as shown in the list of crimes attached hereto, such as not stating KRW 54 items, total amount of KRW 110,171,00,00 in the list of crimes, and thereby published the false property details through the said election commission through the above election commission.

For the purpose of election, the defendant published false facts as to the property of the defendant, her spouse, her lineal ascendant or descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation report (a suspect's investigation into matters reported on the regular change of property in 2018), public announcement by the Ethics Committee of Public Officials Cheongbuk-do, matters to be reported on the regular change of property of public officials in 2018, investigation report (an investigation into media in which the details of the suspect's property are disclosed), list of changes in property, list of changes in property of public officials, details of cancellation of the candidate's property report, insurance, etc. of public officials, copy of the guide of election affairs for political parties and candidates

1. Article 250 (1) of the Act on the Election of Public Officials and the Selection of Fines concerning facts constituting an offense, Article 250 of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines not exceeding 30 million won;

2. The two types (the purpose of election is to publish false facts and slander candidates) of the recommended punishment according to the sentencing criteria;

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