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(영문) 청주지방법원 2019.02.15 2018고합247
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was elected to C in the 6th nationwide local election conducted on June 4, 2014, and was intended to be a candidate for the 7th national local election that was scheduled to take effect on June 13, 2018, and Defendant B is a member of the family-friendly meeting in which the party, such as Defendant A, is a member of the same political party.

A National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person intending to become a candidate), and his/her spouse shall not make a contribution to a person in the relevant constituency, institution, organization, facility, or any other person, institution, organization, or facility having relations with the electorate even if such person is located outside the relevant constituency, and no one shall make, or have another make contribution to, a candidate (including a person intending to become a candidate) in connection with an election or for a political party to which he/she belongs,

Nevertheless, on March 27, 2018, from around 19:00 to 20:56 the same day, the Defendants received drinking and food together with H, J, K, L, M, N, etc., the president of the G Federation, as the electorate, from the “F” located in E, from around 19:0 to around 20:00 on March 27, 2018, and Defendant A had Defendant B pay an amount equivalent to KRW 239,750 [the settlement amount = KRW 41,000 x 7 (except for the Defendant and its day) /12];

Defendant

B received the corporate card from Defendant A for the promotion of Do Council members’ C affairs, paid the food cost with his credit card other than the corporate card, and returned the above corporate card with the sales slip to Defendant A. Accordingly, the Defendants conspired with the 7th local election, Defendant A made a contribution to a person who wishes to be a candidate for the Do Council members, and Defendant B made a contribution to a person who wishes to be a candidate for the same election.

Summary of Evidence

Defendant A’s written statement of the prosecutor’s office, police interrogation protocol, N, H, P, K, Q, R, I, and J against some of the Defendants’ written statements.

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