beta
(영문) 서울고등법원 2017.02.16 2016노2986

정치자금법위반

Text

All the judgment below is reversed.

Defendants are not guilty. The summary of the judgment against Defendant A is publicly announced.

Reasons

Along with the summary of the grounds for appeal, a recording file containing each statement of Defendant A, N, AO, and a recording file containing X’s statement and a recording file containing the recording, a recording, a camera, and a prosecutor’s statement are inadmissible.

In fact, the statement of misunderstanding B is not reliable, and even considering all other evidence, it cannot be recognized that Defendant A received KRW 100 million from B as stated in the judgment of the court below.

The punishment sentenced by the court below to Defendant A (one year and six months of imprisonment) is too unreasonable.

Defendant

B Fact-misunderstanding or misunderstanding of the legal principles, Defendant B did not have the intention of joint processing with X regarding the contribution of political funds to A, and did not have any functional control over it. The party who provided or contributed political funds to A cannot be held liable for the violation of the Political Fund Act to Defendant B.

The punishment sentenced by the court below to Defendant B (six months of imprisonment and one year of suspended execution) is too unreasonable.

Each sentence sentenced by the court below to the defendants is too uneasible and unfair.

Defendant A’s career as Defendant A, while working as the 15161718 member of the National Assembly, served as Defendant A’s representative within T from June 2008 to May 2009, the highest member per T from July 201 to April 201, and from July 201, from July 201 to December 201, 201, Defendant A served as a representative of T Party (representative highest member). From July 201, 201 to December 201, Defendant A’s career as Defendant A served as Defendant A’s representative of T Party (representative highest member). U around V and the 6 simultaneous local election from June 2014 to June 5 from U is serving as V.

Defendant

Defendant B’s career in the world from 198 to August 1995 worked as a member of the political division in the Dong Island from August 1995 to May 2008. From May 2008 to February 2009, Defendant B worked as an outside director from March 201 to January 2012, 201 as the vice president from February 201 to June 2013.

X’s work experience X is the Chairperson of W. Y.