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(영문) 광주지방법원 2019.01.25 2018고합545
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

The defendant shall not disburse election expenses in excess of 1/200 of the restricted amount of election expenses, to a person who is the accountant in charge of E, a candidate for the constituency for Seoul-Gun constituency for all Provincial Council members of the 7th City/Do.

Since the restricted amount of election expenses is KRW 44,00,000, the Defendant spent election expenses in excess of KRW 44,220,000. On March 28, 2018, the Defendant was appointed as the accountant in charge of the foregoing E in charge, and then spent election expenses in excess of KRW 50,393,560 (including KRW 1,80,000, KRW 5,000, KRW 5,000, and KRW 5,239,000,000) while working for from April 28, 2018 to July 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. A written accusation;

1. Affairs related to the accounting of political funds of persons in charge of accounting, such as a report on appointment of a person in charge of accounting, a revenue and expenditure register, a motor vehicle registration certificate, a motor vehicle registration certificate, a motor vehicle price inspection, standard of video recording, a motor vehicle price inspection, an application for registration of a motor vehicle, a place on which an application is filed, a political fund revenue and expenditure register

1. Application of Acts and subordinate statutes to investigation reports on telephone communications;

1. Article 258 (1) 1 and Article 122 of the Public Official Election Act and Article 258 (1) 1 of the same Act concerning criminal facts and the selection of fines;

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. The scope of punishment by law: Fine not exceeding 20,000,000 won;

2. Whether the sentencing criteria are not set.

3. The Public Official Election Act strictly regulates the excessive disbursement of election expenses in order to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures, and to prevent illegal elections.

The defendant is a person in charge of accounting of E, who goes outside of Seoul Provincial Council.

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