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(영문) 창원지방법원 통영지원 2014.10.23 2014고합88
공직선거법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant registered as a candidate for C/Gun election in the 6th nationwide local election that was implemented on June 4, 2014 and won.

No person shall publish false facts about the birth, status, occupation, career, property, personality, or activity of a candidate in favor of the candidate through a speech, communication, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of getting elected

In fact, the defendant did not pay 4,520,000 won in 2010 and 3,928,000 won in income tax in 2013, and 4,520,000 won in total. The defendant's lineal ascendant D did not pay 285,00 won in income tax in 2013.

Nevertheless, around May 19, 2014, the Defendant prepared the Defendant’s election campaign bulletin to be distributed to the electorates in relation to the above Gun election at the 5th election office of the E-building A and the “F” planning company located in Seoul Special Metropolitan City, and prepared the Defendant’s election campaign bulletin to be distributed to the electorates. The Defendant made the election campaign bulletin of 28,300 in total by stating that “the sum of the amounts in arrears”, “the sum of the amounts in arrears”, “the sum of the candidates indicated”, and “no corresponding matter” in the column for the column for the entry of the amount in arrears” in Section 3. of the election campaign bulletin, and submitted it to the Gyeongnam-do election commission and submitted it to the Gyeongnam-do election commission on May 24, 2014.

As a result, the defendant published false facts about the candidate's career in favor of the candidate for the purpose of winning C/Gun in the 6th nationwide local election.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Each police statement made to H, I, and J;

1. Investigation reports (Attachment of book-type election campaign bulletins, Internet printed materials, etc., and the original of book-type election campaign bulletins);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 250(1) of the Public Official Election Act concerning criminal facts and Article 250(1) of the same Act concerning the selection of punishment.

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