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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
B. From April 4, 2014 to April 7, 2014, the Defendant made three calls to M during the period from April 4, 2014 to April 7, 2014. From April 4, 2014, the Defendant attempted to carry out the S candidate’s election campaign. In light of such circumstances, the Defendant was 2014
4.3. It is also probable that the return of KRW 100 million to M was made by a member of L Council, who is the husband, that M would be difficult to be recruited as a candidate for N market due to criminal records, etc.
(C) On April 8, 2014, M, A, andO visited the Defendant’s home without notice on April 1, 2014, when the Defendant returned KRW 100 million, to visit the Defendant’s home and did not carry out a warning line for the election of the candidate for the J-Party Nmarket. The defect that “a warning line shall be deemed to have been carried out and paid KRW 100 million.” The Defendant considered that “I will bring about a bank in which KRW 100 million is located to theO,” and the Defendant stated that “I want to change if the election fund would be needed if I success, I want to change if you want to do so.* *
(D) Other circumstances: (a) around March 2014, 2014, Libers collected the candidates for City/Do council members and told Nman on several occasions, “all persons who seeed to go to the Do council members in connection with Gongcheon,” but (b) the Defendant solicited M on April 8, 2014, which was the day on which the Defendant returned the KRW 100 million to M, and thereby recommended M to go to the National Assembly members for proportional representation, which is inconsistent with the above remarks of L Council members.
B. Article 47-2 of the Public Official Election Act prohibits anyone from providing or receiving money, valuables, other property benefits, or public or private positions in relation to the recommendation of a specific person as a candidate by a political party. This is to enhance fairness in the party nomination process and transparency in the administration of a political party, which is the source of influence on the right of gold from the candidate recommendation stage in the election of the elected public official.