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(영문) 서울고등법원 2012.11.30 2012노3281
공직선거법위반
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by a fine of KRW 2,00,000.

Reasons

1. In light of the summary of the grounds for appeal (the factual errors or misapprehension of legal principles) that the Defendants’ statement that only the Defendants returned to H is difficult to acknowledge credibility, and even if the Defendants returned the money received as above, they should return it after receiving money, the lower court determined otherwise by misapprehending the facts or misapprehending the legal doctrine.

2. Determination

A. (1) The defendant C cannot offer, express an intention to offer, offer, or receive money, valuables, or other benefits in connection with the election campaign regardless of the pretext such as actual expenses, other compensation for volunteers, except as provided by the Public Official Election Act.

Nevertheless, Defendant C provided the F candidate’s street pay from March 29, 2012 to April 10, 2012, which was an election campaign period, with support to the right holder, personnel personnel, driving a vehicle, assist in an election campaign, such as moving the head of a tax office, etc. to another site by driving the vehicle. On April 12, 2012, Defendant C received KRW 910,00 from H, a manager of the election fund, under the name of Defendant C, under the pretext of compensation for allowances and other volunteer services.

Accordingly, Defendant C received money in relation to the election campaign.

Domend Defendant D may not offer, express an intention to offer, offer, request or receive money, valuables, or other benefits in connection with the election campaign regardless of the pretext such as actual expenses, other compensation for volunteers, except in cases under the Public Official Election Act.

Nevertheless, Defendant D is from March 29, 2012 to March 2012, 2012.

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