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(영문) 대전지방법원 천안지원 2014.12.17 2014고합257
지방교육자치에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who served as the chief of the election campaign liaison office of the D candidate, who was sent to the C Superintendent of the Office of Education on June 4, 2014.

Except for the cases of offering allowances, actual expenses, and other benefits under the Public Official Election Act, no one shall offer or express an intention to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext such as allowances, actual expenses, other compensation for volunteer service, or promise, direction, solicitation, mediation, demand or receive such offer.

Nevertheless, around June 5, 2014, the Defendant deposited KRW 210,00,00 to volunteer F as an allowance, as well as deposited KRW 210,00 from June 5, 2014 to July 11, 2014, the Defendant provided money and valuables totaling KRW 5,698,200 in connection with election campaigns over 12 occasions from June 5, 2014 to July 1, 2014, and paid election expenses equivalent to the same amount without going through an account reported to the election commission even if the person in charge of accounting is not a person in charge of accounting.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. A written statement;

1. Written accusation and accompanying documents;

1. The application of Acts and subordinate statutes to each investigation report (the attachment of a mother-day analysis report, the attachment of a large-scale USB analysis report, the reporting on the result of execution of a financial account warrant against a suspect A, the attachment of a mobile analysis report by a witness G, the reporting on the results of account tracking by a person in charge of accounting, G, etc., and accompanying documents

1. Article 49(1) of the Local Education Autonomy Act regarding facts constituting an offense; Articles 230(1)4 and 135(3) of the Public Official Election Act (which provides money or goods related to election campaign); Article 50 of the Local Education Autonomy Act; Articles 49(2)3 and 36(1) of the Political Funds Act; Article 50 of the Local Education Autonomy Act; Article 50 of the Local Education Autonomy Act; Articles 49(2)3 and 36(1) of the Local Education Autonomy Act; Articles 49(2)3 and 36(2) of the Political Funds Act (which means the disbursement of election expenses for an unreported account).

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