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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months, respectively.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is the vice-chairperson of the E Party Central Committee and the defendant B was registered as a preliminary candidate for the E Party's constituency in the 6th national local election held on June 4, 2014, but did not receive official ceiling.
No one shall offer, declare an intention of offering, or promise to offer money, valuables, other property profits, or public or private positions, or shall receive the offer or accept the declaration of intention of offering concerning the recommendation of a specific person as a candidate by a political party.
1. Defendant A calls from Yeongdeungpo-gu Seoul Metropolitan Government H on February 5, 2014, and receives KRW 10,000,000 from Defendant A to the NA account under the name of J, which he/she uses, under the pretext that he/she would have a candidate for the constituency in Gangwon-do, Gangwon-do, Gangwon-do.
As a result, the defendant received money in relation to the recommendation of a specific person as a candidate by a political party.
2. On February 5, 2014, the Defendant transferred KRW 10,000,000 to the NA account in the name of the JJ used by A for the purpose of being appointed as a candidate for the E Party, Gangwon-do Party, Gangwon-do Party, to the G account in the name of J K account used by A, for the purpose of being appointed as a candidate for the E Party, at the Gangnam-si L around February 5, 201.
As a result, the defendant provided money in relation to the recommendation of a specific person as a candidate by a political party.
Summary of Evidence
1. Defendants’ respective legal statements
1. Details of writing messages, list of preliminary candidates for an election of the Gangwon-do council member, data meetings following a request for cooperation in the investigation by an election commission, replys as to whether party members are party members, and recording records;
1. Application of the certificate of transaction confirmation ( February 5, 2014) and the duplicate of passbook (B)-related Acts and subordinate statutes;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: the Gu.