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(영문) 창원지방법원 진주지원 2014.12.19 2014고합124
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 16, 2014, the Defendant was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (customs duties) in this court and is currently pending trial, and the Defendant was elected by going to the constituency of the 6th nationwide local council members of the Dong-si local election c council on June 4, 2014.

On April 27, 2012, the Defendant, jointly and severally with E in Changwon District Court Msan Branch, sentenced the creditor F to pay the principal amount of KRW 500 million, interest, and delay damages (loan 201Gahap1743) to the creditor F, and the judgment became final and conclusive on May 19, 2012, the Defendant had a debt of KRW 500 million against the said F.

Nevertheless, the Defendant intentionally omitted the obligation KRW 500,000 on the list of property of the candidate when producing the book-type election campaign bulletin, and as above, submitted the book-type election campaign bulletin containing false financial status to the C election commission located in G on May 21, 2014, and then distributed 13,370 of the above election campaign bulletin to the electors in the constituency.

Accordingly, the defendant announced false facts about the defendant's property for the purpose of election.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to the submission of an election campaign bulletin, election campaign bulletin, written judgment, judgment, statement of property of a candidate for public election, copy of a certificate of subrogation, each investigation report (to listen to the E-mail of a witness, hearing of creditors F phone statement, reporting on confirmation of a fixed date No. 1743), loan certificate, and details of deposits without passbook;

1. Relevant Article 250 (1) of the Public Official Election Act and Article 250 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On April 27, 2012, the Defendant’s summary of the assertion is jointly and severally with the obligee F in the Changwon District Court, the principal amount of KRW 500 million, interest, and delay damages to the obligee F.

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