logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.11.06 2014고합230
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The Defendant is a person in charge of H’s accounting, who moved from “D” constituency (EF) to a candidate who belongs to a G political party during the 6th nationwide City/Si/Gun election (as of June 4, 2014).

A political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs shall not disburse the election expenses in excess of 1/200 of the restricted amount of election expenses publicly announced under the Public Official Election Act, and inasmuch as the restricted amount of election expenses in another constituency in the C City is publicly announced as 43,00,000 won, the restricted amount of election expenses shall not be disbursed in excess of 43,215,00 won totaling 1/200.

Nevertheless, the Defendant spent 47,324,640 won as election expenses from March 2014 to June 2014.

Accordingly, the Defendant spent election expenses exceeding 1/200 of the restricted amount of election expenses as above.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written answer prepared by the M election commission with respect to L;

1. A written accusation;

1. A report on the revenue and expenditure of political funds, political funds revenue and expenditure book;

1. The original contract for the excursion vehicle, the 1, the 2, the 1, the 2, the election campaign bulletin paper, the modified contract for the election campaign bulletin paper, the modified contract for a large banner, and the modified contract for a large banner;

1. Details of bankbooks in the former bank name of the stock company, and those of passbooks in the former bank prior to disbursement of election expenses for H candidates;

1. Application of Acts and subordinate statutes governing re-changes, such as a report on appointment, agreement on expenditure for election expenses, and restricted amount of election expenses;

1. Relevant provisions concerning facts constituting an offense and Article 258 (1) 1 of the Public Official Election Act (Selection of Fines);

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

1. The crime of violating the Public Official Election Act due to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is not set the sentencing criteria.

arrow