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(영문) 전주지방법원 정읍지원 2012.12.28 2012고합87
공직선거법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

1. On March 19, 2012, the Defendant, as a candidate for the election of a member of the National Assembly in the 19th regular Eup area, transferred KRW 30 million to the Agricultural Cooperative Account of F in connection with the election campaign to F via E, his spouse, who is an agent for the secretary general of the regional committee of Jung-Eup local political party, through E, at a non-Eup place.

2. On March 2012, the Defendant was reported by G, a person in charge of accounting, to the effect that the amount of text messages for his/her own public relations would exceed the statutory election expenses limit due to excessive text messages costs, such as the cost of text messages emitted eight million won.

Accordingly, the Defendant held a meeting at the office of G, F and the above election countermeasure committee and used a communication contract established under the name of H, the executive secretary of the district party branch office, and then disbursed the communication expenses in cash to resolve the problem exceeding the statutory election expense limit.

After that, on March 29, 2012, the Defendant had FF establish an Internet phone under the name of F in the election countermeasure committee office, and had F send text messages for his public relations through the Internet phone.

On April 2012, 2012, the Defendant, at the office of the election countermeasure committee, allowed G to gather cash of KRW 12 million with communication expenses, and H paid the money to KT branch as communication expenses.

On the other hand, the Defendant reported election expenses to the competent election commission on May 11, 2012, and reported 186,579,547 won excluding the above 12 million won as election expenses.

Accordingly, in collusion with G, the Defendant spent election expenses exceeding KRW 192,00,000, which is the limit of statutory election expenses, by using the total amount of KRW 198,579,547.

3. Where a person in charge of accounting receives and receives political funds, he shall do so through the deposit account on which a report has been made to the competent election commission, but the defendant is in collusion with G.

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