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(영문) 대구지방법원 영덕지원 2018.01.24 2017고단42

정치자금법위반등

Text

Defendant

A 1 year of imprisonment with prison labor for the crime No. 1-A, No. 1-C, and No. 3-A in its holding. 2.

Reasons

Punishment of the crime

Defendant

A is a person who was elected as a candidate for C head of a Gun at the five times nationwide simultaneous local elections implemented on June 2, 2010, and was elected as a candidate for C head of a Gun at the six times nationwide simultaneous local elections implemented on June 4, 2014, and is currently in office as C head of a Gun.

Defendant

B is a person who takes charge of election campaign fund-raising activities, etc. by entrusting the head of a supporters' association of a defendant A who was a candidate for the head of C/Gun at the time of the five simultaneous local elections conducted on June 2, 2010.

Defendant

B On October 29, 2014, the Daegu District Court rendered a suspended sentence of two years on August 28, 2015 and became final and conclusive on August 28, 2015, for the crimes of delivery of third-party bribe in Youngdon Branch of the Daegu District Court.

1. No one who gives or receives illegal political funds under the pretext of election campaign funds shall contribute or receive any political funds in a manner that is not provided for in the Political Funds Act;

A. Defendant A registered as a preliminary candidate on March 23, 2010 to run the C military election campaign, which was held on June 2, 2010, and thereafter, Defendant A organized an election campaign organization by the head of the election affairs office D, the head of the election countermeasure headquarters, etc., and carried out an election campaign, such as candidate public relations activities through the Eup/Myeon officer, who is the person in charge of non-official election campaign in each region.

On the other hand, the Defendant requested the head of the Defendant’s supporters’ association to provide the subsidies for election campaign funds, as it is necessary to provide various expenses, such as oil expenses and food expenses necessary for such activities, while allowing the head of Eup/Myeon to carry out election campaigns such as publicity activities for the Defendant and tax support for the Defendant.

Accordingly, on April 19, 2010, the head of supporters' association: (a) the Defendant provided the election campaign funds to the Defendant; (b) the Defendant called the Defendant by phone calls, and (c) then withdrawn KRW 20,000,000 from the F bank account under B to the Defendant’s election campaign funds.

Since then, on April 19, 2010, the Defendant was at the “H restaurant” located in the G of Gyeongbuk-gu.