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Reasons
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(영문) 수원지방법원 여주지원 2019.08.23 2019고단576
공공단체등위탁선거에관한법률위반
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant was a person who supported C who was released as a candidate for B's president at the second time of the election of the head of the Dong-si Cooperative on March 13, 2019.

No person shall make contributions for a candidate in relation to the relevant entrusted election from 180 days before the expiration date of the contribution-restricted period for the head of a cooperative, to the election day (from September 21, 2018 to March 13, 2019).

Nevertheless, in order to assist in the election of C by having C attend a meeting of “D” (including 12 members and 2 non-members) in which the Defendant is working, and raising C’s personal guidance, the Defendant provided C with food and drinks, such as C, H, I, J, K, L, M, N,O, P, Q, Q, and 11 members R, and two members, such as S, at a “F restaurant located in “F”, at around 18:00 on October 30, 2018 during the period subject to the restriction on contribution to the election of the president of the cooperative, and provided C, a partner, C, and T, a non-member, to pay the total of KRW 16,17,100,100,17,17,17,000,000,000,000 won, including, but not limited to, 13 members.

Since '171,00 won ± 16 persons ± 111 = 117,562 won (or decimal point)' should be excluded from defendant, C, T, R, and S from among participants to calculate the total amount of donations made to electors.

The Defendant, during the contribution-restricted period, made contributions to B for C, a candidate in relation to the election of the president of the B association.

Summary of Evidence

1. Defendant's legal statement;

1. U Election Commission’s accusation;

1. Certificates of V,O, G, P, L, H, K, N, and W;

1. C’s written answer;

1. A seat placement map;

1. Application of each statute to the statement of C, G, K,O, and P;

1. Articles 59 and 35 (2) of the Act on Entrusted Elections, such as a relevant legal entity or public organization, etc. concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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