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Reasons
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(영문) 울산지방법원 2014.12.05 2014고합268
공직선거법위반
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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 is the elected person of the D constituency election for the Gyeongnam City Council member, which was held on June 4, 2010 by the defendant, as the local council member elected in the D constituency for the Gyeongnam City Council member held on June 2, 2014.

A local council member shall not make a contribution to a person in the relevant constituency, or an institution, organization, or facility, or a person having relations with the electorate even if there is an area outside the relevant constituency, or an institution, organization, or facility.

Nevertheless, around February 27, 2013, the Defendant attended the G Saemaeul Women's Association meeting at the G Saemaeul-si E meeting and provided the electorate, who is the electorate, with a cash of KRW 50,000,00, for alcohol.

The Defendant provided 30,000 won in cash to I who is the electorate in the same manner on the same day, 20,000 won in cash to K, 35,000 won in cash to L, 5,000 won in cash to M, 50,000 won in cash, and 50,000 won in cash to N, respectively.

Accordingly, the defendant provided the electorate with cash amounting to 240,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Each police statement onO, I, H, N, L, P, J K, and M;

1. Each question and answer form and telephone call form;

1. The application of Acts and subordinate statutes on the receipts and disbursements of the Saemaul Women's Association, the settlement of accounts, the certificate of deposit balance, the details of revenue and expenditure, the current status of the Saemaul Women's Association, the receipts and disbursements of the Saemaul Women's Association in 2013, the settlement of expenditure, the internal investigation report (a copy of cash withdrawal),

1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 10 million won;

2. The act of contribution in accordance with the sentencing guidelines (the scope of recommendations).

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