Text
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 8, 2004, the Defendant was sentenced to a fine of KRW 700,00 to a violation of the Act on the Election of Public Officials and the Prevention of Election Malpractice by the Ulsan District Court.
The Defendant was registered on December 15, 2015 with a preliminary candidate for the D constituency E political party in the election of the 20th National Assembly member on April 13, 2016. On March 19, 2016, the Defendant was a candidate of a political party E through the intraparty competition and was a candidate for the said election, who was going out of the election, was a candidate for the said election, F was a member of the “I” organization consisting of G building, 106 Dong 106 residence, and business activities in H area.
A person who intends to become a candidate shall not make a contribution act with a person in the relevant constituency, or an institution, organization, or facility, or a person having relations with the electorate even if such person is outside the relevant constituency, or an institution, organization, or facility.
Nevertheless, on November 23, 2015, from around 18:30 to 21:00 of the same day, the Defendant made a contribution by providing F with food equivalent to KRW 92,00 (except for the Defendant’s meal costs) by taking food at the “K cafeteria” located in J, together with F, the electorate, with the electorate, and paying KRW 184,00,00 for the meal expenses.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the accused by the prosecution (including F and sub-examination part);
1. Each investigation report (verification of the results of analysis of CCTV, such as K cafeteria, F address, and constituency);
1. Application of the Acts and subordinate statutes to a photograph or an abstract of a resident registration record card by a copy of a receipt or CCTV image;
1. Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act and Article 257 (1) of the same Act concerning criminal facts; 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. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and
2. Money and other valuables provided in the first category (special mitigation) of the contribution act in violation of the prohibition and restriction on election, according to the sentencing guidelines, or the amount of recommendation according to the sentencing guidelines.