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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 who was elected as a Gun Council member (CFGH I) at the 7th local election of Dong-si nationwide, which was implemented on June 13, 2018, and was in the office of the president of the Gun Council from July 6, 2018 to June 30, 2020.
A local council member shall not make a contribution act to persons in the constituency concerned, or institutions, organizations, facilities, or persons having relations with the electorate, or institutions, organizations, or facilities even if they are outside the constituency concerned.
Nevertheless, around October 1, 2018, the Defendant provided E-post offices located in the GJ with food equivalent to KRW 80,000 at its market price, and from that time until February 3, 2020, the Defendant provided food of KRW 6,729,459 in total to electorates, post offices, Myeon offices, senior citizen centers, and persons or institutions having relations with electorates in the constituency, as shown in the list of crimes in the attached list of crimes.
As a result, the defendant made contributions to those who are in the election district of the defendant, institutions, organizations, facilities, electorates, and institutions, organizations and facilities.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes governing the accusation of a police report (a written statement attached to a written statement of a person provided) to K, L, M, N,O, P, Q, R, and S;
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. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;
2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] violation of prohibition and restriction on contribution acts on election crimes [Type 1] contribution acts [the scope of the recommended area and the recommended punishment] basic area, fine of one million won to five million won.
3. The fact that the Public Official Election Act strictly prohibits the act of contribution, regardless of its nominal form, and that the act of contribution in this case has been made over 48 times during the 17-month period.