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(영문) 창원지방법원 2013.05.02 2013고합57
공직선거법위반
Text

Defendant

A A Fine of 4,00,000 won, Defendant B of 2,000,000 won, Defendant C, D, E, F, and G of each fine of 1,000 won.

Reasons

Punishment of the crime

1. No person who receives money or goods related to election campaign may offer, promise, direct, induce, mediate, demand or receive money or goods, or other benefits in connection with election campaign regardless of the pretext thereof, such as allowances, actual expenses, other compensation for volunteers, except where he/she provides allowances, actual expenses, or other benefits under the Public Official Election Act;

Defendant

A Defendant A paid KRW 962,50,500 each of the Defendants as allowances, on the ground that each Defendants entered in the column for receipt of money and valuables in the same table at the same place as the date stated in the table column for the attached list of crimes, for an election campaign period for the 18th presidential election (from November 27, 2012 to December 18, 2012) during the election campaign period for the 18th presidential election.

B. Defendant B, C, D, E, F, and G were paid KRW 962,50,50, respectively, as allowances, from Defendant A on the ground that the said Defendants carried out a telephone election campaign for I for the 18th presidential election campaign period (from November 27, 2012 to December 18, 2012) at the same place column on the same date as indicated in the table column for the date of the list of crimes committed.

2. Although an illegal election campaign cannot be carried out, Defendant B, the president of the Chang-si J of the 18th presidential election campaign, carried out an election campaign on behalf of the I candidate in the manner that, for the first candidate for the 18th presidential election campaign carried out on December 19, 2012, Defendant B, who was the head of the Chang-si J of the 18th presidential election campaign, called “not less than 200-300 electors per day from November 27, 2012 to December 18, 2012, called “not less than 200-300 electors per day” and called “not less than 18th presidential election campaign office.” In connection with this election, Defendant B, the head of the Chang-si J of the 18 presidential election campaign,

Summary of Evidence

1. Defendants’ partial statement

1. Some statements made by the Defendants in each prosecutor's interrogation protocol

1. Application of accusation forms, reports on appointment of electionrelated persons, details of transactions, and fact-finding reply statutes;

1. Relevant provisions concerning facts constituting an offense;

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