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(영문) 광주지방법원 목포지원 2014.11.27 2014고합166
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who was appointed as an accountant in charge in the election campaign office of the candidate D (CGun E-election) of the candidate for the 6th nationwide local constituency election of Dong-dong local council members, which was implemented on 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 or more of the restricted amount of election expenses that the election commission makes

On July 15, 2014, the Defendant, at the election campaign office of the candidate for D C military personnel located in C military personnel F on March 4, 2013, publicly announced the restricted amount of election expenses of C military E districts as KRW 42 million on March 4, 2013, the Defendant spent KRW 2.15,402,40,00, which is 1/200 of the restricted amount of election expenses, for election expenses, such as the expenses for producing election campaign materials and sports uniforms, postal charges, and expenses for sending text messages, etc.

Summary of Evidence

1. Defendant's legal statement;

1. An accountant report, an agreement on the amount of election expenses disbursement, and a report on the revenues and disbursements of political funds;

1. Public announcement on the change of restricted amount of expenses for nationwide and local elections and promotional materials of preliminary candidates, and the application of Acts and subordinate statutes reporting the results of education on the accounting of political funds of nationwide and local elections on the sixth occasion;

1. Article 258 (1) 1 and 122 of the Public Official Election Act concerning facts constituting an offense;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is to restrict the amount of election expenses in order to prevent unfair election campaign officials, which are the basis of democratic politics, from being carried out in an unfair manner due to differences in economic power among candidates. Such regulations shall be strictly and thoroughly observed.

The Defendant, as a person in charge of accounting of the election of a C-Gun council member, has disbursed approximately 3,192,400 won exceeding 15 times the limit of excessive election expenses (1/200 of the amount limited to election expenses), which is 2,10,000 won.

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