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(영문) 광주지방법원 순천지원 2013.05.24 2013고정171
정치자금법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a candidate and a person in charge of accounting who runs for a candidate and a person in charge of accounting in the election district of the 19th National Assembly member who was implemented on April 11, 2012.

Where a person in charge of accounting receives or disburses political funds, he/she shall use the deposit account that is reported to the competent election commission, and submit the amount of revenue and expenditure of political funds and its details, the statement of revenue and expenditure, receipts, and evidential documents in making an accounting report within 30 days from 20 days after the election day.

Nevertheless, the Defendant:

1. On March 29, 2012, expenditure of KRW 100,000 of the oil price of oil-free vehicles in D gas stations located in D gas stations located in D gas stations located in D gas stations located in C, using his KB National Bank Card with a deposit account other than the deposit account reported to the competent election commission, from that time until April 2, 2012, from that time, using a credit card with a total amount of KRW 4,707,000 in the expenditure of political funds equivalent to KRW 4,707,000, as shown in Attached Table 1, from that time to April 2, 2012;

2. Around May 11, 2012, an accounting report on the amount of revenue and expenditure of political funds was made to the election commission at the time of credit, and an election campaign worker paid KRW 516,128 as the office allowance on March 15, 2012, including the payment of KRW 516,128 as the office allowance on April 19, 2012, did not submit documentary evidence, such as a receipt for KRW 12,756,128, as shown in attached Table 2, and a disbursement of KRW 10,000, as the staff’s awareness on March 3, 2012, including the payment of KRW 12,947,650, as shown in attached Table 3, until April 24, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A investigation report (report on the use of personal credit cards);

1. Application of the Acts and subordinate statutes governing the revenues and disbursements of election expenses and political funds, other than election expenses;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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