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(영문) 청주지방법원 2017.11.17 2017고합252
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

C In the first half-term E election implemented D, a person who was born as a F-head of F, and the defendant was a person who worked as a C election officer from G to 31th of the same month.

The Defendant asks for 30 persons who will help to carry out an election campaign from C at the election campaign office of G G G G H. The Defendant shall pay 70,000 won per day to those who help to carry out an election campaign, and will add 50,000 won to those who engage in an election campaign by using personal vehicles.

It is possible to pay all the oil values and food receipts used by gathering the electoral sports team while accompanying the electoral sports team.

“On the proposal of “,” registered as an election secretary of around 10th of the same month.

Accordingly, the Defendant, from I to the 29th day of the same month, recruited 25 members, including J, etc. as C’s election affairs, and received KRW 1,540,000 (one day 70,000) in total from allowances and actual expenses under Article 135(1) of the Public Official Election Act, but received benefits in relation to election campaign by receiving additional remittance of KRW 932,00,00 in the name of the Defendant to the account under the name of the Defendant around the 31st day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of additional deposits in name, such as election clerks' allowances and oil expenses, and a detailed statement of deposit transactions C;

1. Application of Acts and subordinate statutes to a report on replacement of election clerks;

1. Article 230 (1) 7 and 4, and Article 135 (3) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 230 (1) 7 and 4 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. The proviso to Article 236 of the Act on the Election of Public Officials in Additional Collection;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. Scope of a recommended sentence on the sentencing guidelines: Class 2 (General Purchase, Purchase related to the Recommendation of Candidates) of the Election Offense: Reduction element of an election campaign: An election campaign.

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