공직선거법위반등
All appeals are dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).
1. As to the grounds of appeal on the part of receiving money and valuables related to Defendant A’s recommendation
A. As to the assertion regarding the facts charged, the summary of the receipt of money and valuables related to the recommendation of the candidate among the facts charged in the instant case is as follows: (a) in a case where Defendant A’s political party to be formed by Defendant A from December 9, 2015 to March 2, 2016 or the last U party is merged with another political party by U.S. during the period from around December 9, 2015 to March 2, 2016, the sum of KRW 152,136,300, and the sum of KRW 152,136,300 in relation to the recommendation of the candidate for proportional representative in the election of the 20th National Assembly member, as a joint representative of Defendant A on March 4, 201
In the event that the V party or the last V party is integrated with another political party or that the defendant A joins another political party in a different manner, he receives a total of KRW 200 million as election funds in relation to the recommendation of proportional representative candidates in the above election of the said political party, and the political party receives money and valuables in relation to the recommendation of W as a candidate for the 20th National Assembly election, at the same time, W received political funds in relation to the recommendation of W as a candidate for the 20th National Assembly election.
2) Pursuant to Article 32 Subparag. 1 of the Political Funds Act, “The political funds may not be contributed or received in relation to the recommendation of a specific person as a candidate in an election for public office.”
As stated above, the language and text in itself does not necessarily warrant the existence of a specific political party at the time of receiving a contribution of political funds, and the specific procedures for recommending candidates of that political party.
In addition, Article 47-2 (1) of the Korean Public Official Election Act provides or receives money, property interest, etc. in relation to the recommendation of a specific person as a candidate by a political party.