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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is a person who was elected B as a member of the National Assembly (Celection) in the 7th nationwide City/Do election conducted on June 13, 2018.
No false facts shall be publicly announced with respect to the place of birth, status, occupation, career, property, personality, or activity of a candidate, his/her spouse, lineal ascendant or descendant, or sibling, or organization to which such person belongs, in favor of a candidate (including a person who intends to become a candidate) through a speech, newspaper, communication, magazine, poster, propaganda document
Nevertheless, on May 25, 2018, the Defendant reported property in order to take place in the 7th regular local election, and submitted to the competent election commission a false report on the property of a public official in the election for public office, stating the total amount of property KRW 965 million, including KRW 50,000,000,000, which is KRW 915,500,000,000, which is owned by the Defendant, and KRW 50,000,000,000, which is KRW 5,93,9393,939,000, and then sent it to the election commission. An election campaign bulletin containing the aforementioned false contents, was sent to the electors in the c constituency.
Accordingly, the defendant published false facts about the defendant's property in favor of the defendant for the purpose of election.
2. Determination
A. The defendant's assertion that the defendant and his defense counsel omitted property report as stated in the facts charged, but this is merely based on the defendant's negligence, and it does not constitute a false report in favor of the defendant for the purpose of election.
B. (1) In the crime of publishing false facts under Article 250(1) of the Public Official Election Act, it constitutes the elements of a crime of publishing false facts, and thus, it is necessary to recognize that the facts are false as the content of the actor’s intentional act.
This subjective perception is the same.