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(영문) 대구지방법원 2017.01.06 2016고합488
공직선거법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a candidate for the 20th election district in the election district of the National Assembly member C, and was killed.

1. No one may provide money, valuables, or other benefits in connection with an election campaign, regardless of the pretext, such as allowances, actual expenses, and other compensation for volunteers, except where allowances, actual expenses, or other benefits are provided under the Election of Public Officials Act;

Nevertheless, the defendant, without being registered as an election secretary at the time, from March 31, 2016 to the same year.

4. Until February 3, 200, a defendant has been able to engage in an election campaign;

On April 18, 2016, in order to pay the price for the election campaign to E, and around 210,000 won paid to E along with F’s election allowances, etc. to F’s accounts with F’s election campaign office employees registered during the said election campaign period, and around April 19, 2016, F sent 210,000 won in total to E, and around April 19, 2016, F issued 210,000 won in cash in return for the election campaign to E.

Accordingly, the Defendant provided E with KRW 210,000 in connection with the election campaign.

2. No one shall enter, forge, or alter receipts or other documentary evidence which are to be equipped, in cases where political funds are received or disbursed in connection with election expenses;

Nevertheless, on April 25, 2016, the Defendant prepared a detailed statement on the payment of allowances and actual expenses to the persons related to the election affairs of the J election campaign office, which is a document related to the disbursement of election expenses to be attached to a written request for the preservation of election expenses by the Defendant at the second election campaign office of the Defendant of the second floor of the building located in the Gyeongbuk-do, the second instance on April 25, 2016. The Defendant prepared a detailed statement from March 31, 2016 by the election commission F.

4. 70,000 won per day of election affairs (=20,000 won per day, daily food expenses of KRW 20,000 per day) calculated as 3-day election allowances, KRW 90,000, daily food expenses of KRW 20,000 per day, and KRW 60,000,00 for actual expenses, in case where preparing a statement on the payment of allowances and actual expenses to persons related to elections to F, since election campaign was conducted for 3-day days until February.

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