Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant is a local council member who was elected as a City Council member B from the 7th nationwide local election.

A local council member shall not make a contribution to a person in the relevant constituency, or an institution, organization, or facility, or a person who is residing outside the relevant constituency but has relations with the electorate, or an institution, organization, or facility.

Nevertheless, on December 20, 2018, the Defendant attended the 30 club of E High School, which is a private group held at D’s restaurant, in C, at around December 20, 2018, and provided meals equivalent to KRW 290,000 to 14 persons, such as F, electorate, and G having relations with the electorate.

Accordingly, the defendant made a contribution to a person in the constituency or a person who is related with the electorate.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each written reply to I, J, and F;

1. Each written confirmation of telephone communications with respect to K, L, G, M, N,O, P, Q, R, and S;

1. A list of persons present at the meeting, and the application of statutes on copies of receipts;

1. Relevant Article 257 (1) 1 and Article 113 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

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: Fines of 50,000 to 10 million won; and

2. The scope of the recommended sentence according to the sentencing guidelines (the decision of type) [the scope of recommendation field and the scope of the recommended sentence] basic area (the scope of a fine of one million won to five million won) without the first category (the act of contribution) (the act of contribution).

3. Determination of sentence: The crime of this case by a fine of KRW 80,000 has been committed by the incumbent local council member by providing foods to those in the constituency concerned and to those who are related to the electorates, and such act of contribution is likely to impair the fairness and transparency of the election and to interfere with the rational choice of voters.