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(영문) 대구지방법원 상주지원 2015.11.10 2015고단355
공공단체등위탁선거에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall conduct an election campaign except for an election campaign period, and shall provide any money, goods, entertainment, other property benefits, or public or private position to an elector for the purpose of an election campaign.

Nevertheless, at around 08:00 on March 11, 2015, the Defendant: (a) paid KRW 20,000 in cash to E in order to take up E to the polling station, which was conducted on March 11, 2015, to which the head of the DFF’s voting at the simultaneous election of the head of the DFFF, carried out on the Defendant’s vehicle E, and to the election of the head of the DFF in F at the time of stay; and (b) to E, having confirmed that E made a voting after getting out of the said vehicle and voting for E; (c) having paid KRW 20,000 in cash.

As a result, the defendant provided money to the elector for the purpose of winning the candidate for the head of the DFF, and carried out an election campaign on the day of election which is not the election campaign period.

Summary of Evidence

1. Legal statement of H (a statement that the E does not have KRW 20,000 won received from a defendant and submitted to the election commission by lending KRW 20,000 to the election commission);

1. A witness E's legal statement (a statement that he/she raised four times from the defendant);

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (a statement that the accused was sent E to the polling station, and that he was born E before the E house after voting is completed);

1. Application of Acts and subordinate statutes to literature E (a statement that 20,000 won has been received from the defendant);

1. Subparagraph 1 of Article 58 of the Act on Elections Commissioned by the relevant legal entity or public organization, etc. for facts constituting an offense, and subparagraphs 1 and 24 of Articles 6 and 24 of the Act on Commissioned Elections by Public Organizations, etc.;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The order of provisional payment;

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