2. B

Attorney Lee Dong-hoon (the national election for the defendant B)

However, with respect to Defendant A, the execution of the above punishment shall be suspended for two years from the date when this judgment became final and conclusive. The amount of KRW 41,475,600 from Defendant A shall be collected. The amount equivalent to the above additional collection charge against Defendant A, and the amount equivalent to the above fine against Defendant B shall be ordered to be paid provisionally.

To order the defendant A to provide community service for 120 hours.

From 206 to 2014, Defendant A was serving as the Seoul metropolitan Council member from around October 7, 2013. From around the 2013, Defendant A was serving as the president of the branch of the D organization, E policy member that is a foundation, and F director of the incorporated association from around October 7, 2013. On June 4, 2014, Defendant A went out as a candidate for the election of the Seoul Seoul metropolitan Council member but was elected. After then, Defendant A was serving as the election campaign worker for the 20th National Assembly member who was elected in April 13, 2016. around January 2017, Defendant B was working as the party member of the 10th National Assembly member, who was established for the purpose of collecting recyclable goods and selling business of the 20th National Assembly member, and Defendant B was working as the party member of the 10th National Assembly member of the 20th National Assembly from around 201 to 26th National Assembly member of the Gu.

Since December 2009, N is a person operating '0 '0' producing indoor interior interior interior interior decoration and company advertising signboards, and Defendant A communicates with Defendant A by introducing Defendant A from around 2008, which was a member of the Gu Council, or exchanges with mets, etc., Defendant A is a political person who works for the Gu Council member two times in the Gu and works for the Gu Council member two times in the Gu, and then participates in the election of the Gu Council member in the C-gu, and works for the 17 and 18th National Assembly member in the C-gu and works for the 20th National Assembly member and works for the 20th National Assembly member and works for the 20th National Assembly member.

[Specific Crime]

No one shall contribute or receive any political fund by means other than those provided for in the Political Funds Act.

1. Defendant A

(a) Illegal giving and receiving profits equivalent to the profits accruing from the gratuitous use provided with sirens from B;

Around August 2013, the Defendant, together with B, was working as a member of the Gu Council in Gangnam-gu Seoul, requested B to “it is not easy to get off and get out of iron, but it is not easy to see the difference.” B accepted the Defendant’s request.

The Defendant was provided with L from L from L to L, and used for about 15 months from L to December 2014, and returned the said vehicle to B at right time, and again used for about 20 months from March 2015 to November 2016 (the period during which the Defendant used the said vehicle is about 35 months, and the rental fee paid by B was about 28,677,600 won in total, and the rental fee paid by B was paid as L corporation funds). Accordingly, the Defendant received political funds equivalent to KRW 28,677,60 from B by means not stipulated in the Political Funds Act.

(b) Illegal receipt of the costs of manufacturing banners from N;

On June 4, 2014, the Defendant sent to the 6th election district of the CR members of the CRD on June 4, 2014, with signs No. 4, and on May 5, 2014, the Defendant requested N who was known to the general public to manufacture and install an election banner and to bear the expenses.

N accepted this and immediately requested the production and installation of an election banner for the defendant by contacting T of 'S' which produces signboards, etc. in ancient cities.

T around May 10, 2014, around 2014, T manufactured banner, and around 29.2 square meters of banner, 114 square meters of banner 114 square meters in W-dong, U building, and 40 square meters in total, installed an election banner equivalent to 4,000,000 won of banner 114 square meters of banner, 40 square meters of street banner. To report to the election commission at the request of the Defendant at the request of the Defendant, T issued a quotation that reduces the installation cost of banner to KRW 2,99,700, and sent to the Defendant through N. The Defendant and N sent the cost of banner to T immediately transfer it to the account designated by the Defendant, and instead, paid the cost of installing the banner to N.

Accordingly, on June 11, 2014, at around 10:58:04, the Defendant wired KRW 2,99,700 to a corporate bank account (Account Number: Y) in the name of the representative X of “S” and pretended to have paid KRW 2,99,70 in a normal manner. On June 11, 2014 immediately after the receipt of the said money, T wired KRW 2,99,70 to a AA bank account in the name of the Defendant’s Z (Account Number: AB) and returned the said money. N paid KRW 4,00,000 to T separately.

As a result, the Defendant received political funds worth KRW 4,000,000 from N in a way that is not provided for in the Political Funds Act.

(c) Illegal receipt of rents for an election office from B;

On May 2015, the defendant requested AD restaurant in Seoul, to provide B with B or office deposit, and B was not able to provide security deposit, but agreed to provide monthly support.

On September 30, 2015, the Defendant requested funding by sending text messages, such as “IE Bank AF AG, 1150,000 won,” and “I would like to include the office rent in the account after the last day of the punishment,” which was “IE Bank AF AG, 150,000 won.”

피고인은 위와 같은 문자메시지를 받은 후 L의 직원 AH에게 "A 의원이 부탁하길, 이번에 G 의원이 총선에 나오는데 우리가 사무실 임대료를 지불해 주었으면 하니, 입금을 좀 해라"라고 지시하였고, AH은 피고인이 지정하는 AF 명의의 AE은행 계좌(계좌번호 : AG)로 2015. 11. 5, 17:46경 2,300,000원(1,150,000원씩 2회 송금), 2015. 12. 5. 15:41 경 1,150,000원을 각 송금하였다. 피고인은 2016. 1. 30. 11:07경 B에게 "사장님 해외에 계시네요. 선물 감사합니다. 다녀오시면 한번 뵙겠습니다. 선거는 잘되가고 있습니다"라는 내용의 문자메시지를 보냈다.

On April 9, 2016, the Defendant sent a text message to B, “I have called to the office of the State that only the rent for the office of the President of B had been deposited until the end of November (the end of December).” On April 12, 2016, the Defendant again sent B a text message to B, “I would have been able to see the owner of the building at will. I will see. I will do so. I will request to do so. I will do so.” On April 11, 2016, B received the text message from the Defendant at KRW 3,450,00 (one,150,000 won and KRW 1,150,000) and at around 19:30,000 (one,150,000 won and KRW 3,000,000) by means of donation in the name of each of the Defendant’s Political Funds Act, and then transferred to A,00,000 won under the name of each of the Political Funds Act.

(d) Illegal receipt of office expenses, etc. from N;

On October 15, 2015, the Defendant leased the AI head of Seoul UU building for the purpose of election campaign office for the National Assembly member scheduled to go out in the next year, and requested N to purchase and request N to purchase a tabler, chair, etc. to be kept in the office.

On October 19, 2015, the Defendant purchased 748,000 won, such as two trustees for meeting, 14 chairs, etc., and sent the quotation to N, and N remitted the price to AK on the same day.

As a result, the Defendant received political funds worth KRW 748,00 from N in a way that is not stipulated in the Political Funds Act.

2. Defendant B

The Defendant, as referred to in paragraph (1)(A) above, donated political funds equivalent to KRW 28,677,600 in a way that is not prescribed by the Political Funds Act by granting sirens free of charge to A, and granted KRW 8,050,000 in office rent as provided in paragraph (1)(c) of the above Article 1, thereby contributing political funds of that amount to Defendant A in a way that is not prescribed by the Political Funds Act.

Summary of Evidence

【Facts 1-A, c and 2 at the Time of Sales】

1. Defendant B’s legal statement, Defendant A’s partial legal statement

1. Some statements in the suspect examination protocol of Defendant A by the prosecution;

1. Each police statement made to AL and AH;

1. Each investigation report (the text confirmed by the restoration of evidence on a A mobile phone, election affairs contract and monthly related to the contract for and rent of the election office, the number of A related to the lease of the election office; the text of the text sent; the text of the text sent; the relation to A-Use Quer vehicle; the confirmation of the certified transcript of register, etc. of a corporation; the confirmation of the relation with a siren contract; the dialogue between L Co., Ltd. among the details of restoration of A's text; the timing of commencement of election activities for A; the amount deposited by A; the details remitted from AMF bank account in the name of AM; the analysis of the details of AF account; and the details recorded in the

1. A copy of a real estate lease contract, documents, such as a copy of Q's vehicle contract, all documents, a business registration certificate, a full certificate of registered matters, an application for long-term rental contract, etc., the text dialogue of A, a slips and a statement of transactions [each fact of the first-B and D in the market];

1. The defendant A's partial statement

1. Some statements in the suspect examination protocol of Defendant A by the prosecution;

1. Statement made to the prosecution by the N;

1. Each investigation report (related to the timing of commencement of election activities for Gu for Gu, the expenses incurred in relation to the interior of the office for election of G council members, and the expenses incurred in installing a banner which A has received to return);

1. Application of Acts and subordinate statutes to all the registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 45(1) of the Political Funds Act (Appointment of each imprisonment with prison labor for the defendant A, and each fine for the defendant B)

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2 and 50 (for Defendant A, one of the crimes with the largest sentence against Defendant A) of each Criminal Act shall be the penalty provided for the crime, and for Defendant B, the penalty provided for the crime of violation of the Political Funds Act due to free provision of a siren with the heavier sentence against Defendant B, each of the concurrent crimes)

1. Detention in a workhouse;

Defendant B: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant A: Article 62(1) of the Criminal Act (General Considerations favorable to the reasons for sentencing below)

1. Social service order;

Defendant A: Article 62-2(1) of the Criminal Act

1. Additional collection:

Defendant A: Article 45(3) of the Political Funds Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on Defendant A’s argument

1. Summary of the defendant's assertion

Although the Defendant received money or benefits from B and N as stated in its holding, it is not political funds that they received regardless of political activities. In addition, the Defendant is not a person engaged in political activities since he was not a Gu Council member after July 1, 2014, and thus, he is not a person engaged in political activities. Paragraph 2,99,700 of Article 1-b, which was remitted from T, is the money borrowed from N again after he paid the cost of installing the electoral banner, and the amount of KRW 8,050,000 in Article 1-C, which was remitted from B, is also a personal loan.

2. Relevant legal principles

Article 45 (1) of the Political Funds Act provides that anyone who contributes or receives political funds shall be punished in a manner not prescribed by the Act, and Article 3 (1) 1 of the same Act provides that "political funds" shall be construed as "party membership fees, support payments, deposits, subsidies, incidental revenues prescribed by the party constitution and regulations, etc. of the political party, political parties for political activities, persons who intend to be a candidate under the Public Official Election Act, candidates or elected persons, supporters' associations, executives or employees in charge of clerical services of the political parties or other persons who are engaged in political activities, money, securities or other goods provided to them, and expenses required for their political activities," and Article 3 (2) of the same Act defines "contributions" as "all acts of providing political funds by individuals, supporters' associations and other persons to bear or disburse expenses required for political activities by persons who engage in political activities, and acts of exempting or reducing money and valuables or facilities without compensation, exemption or other benefits, etc."

Therefore, political funds prohibited by the Political Funds Act refer to all the money, etc. provided to persons who engage in political activities for political activities (see, e.g., Supreme Court Decision 2013Do9866, Jun. 26, 2014); political activities refer to activities involving the exercise of power and the exercise of power over the acquisition and maintenance of power (see, e.g., Supreme Court Decision 2006Do1623, Dec. 22, 2006); and “a person who intends to be a candidate under the Public Election Act” refers to a person who is scheduled to leave the election and files an application for an election with a political party, or who is punished for activities to obtain a candidate recommendation from a general elector, as well as a person who has objectively known not only his/her status, subject to contact, speech, etc., but also that he/she has become a candidate for election (see, e.g., Supreme Court Decision 2013Do2190, Nov. 14, 2013).

3. Determination

A. Facts recognized

In full view of the various evidence duly adopted and examined by this court, the following facts and circumstances are revealed.

1) Activities after the defendant's failure in the election of Gu council members

A) The Defendant was elected in the 4,5th election of the 5th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th National Assembly members, G, a member of the 1006 and 2010, a member of the 19th election of the 19th election of the 19th election of the 19th election of the 19th election of the 19th National Assembly member, a member of the Han area in Seoul, and the 19th election of the 19th election of the 19th election of the 19th election of the 19th National Assembly member.

C) From May 2015, the Defendant tried to help G to go to the H party competition line in the 20th National Assembly election. From around May 2015, the Defendant participated in G’s overall election campaign, including certain management, events, accompanying events, physical color of an election campaign office, and party members recruitment.

D) At an investigative agency, N made a statement at the investigative agency that the Defendant had been unawareed to AP that if G was a member of the Gu, he would go to a local election if G was a member of the National Assembly (Evidence No. 5697, 5700 pages). B also stated in the investigative agency that the Defendant would go to the 7th local election scheduled to be held on June 2018 (Evidence No. 5193 pages). A stated that the Defendant would go to the Seoul Metropolitan Government Council member or C member of the 7th local election scheduled to be held on or around 2018 (Evidence No. 5193 pages).

(ii)provide B vehicles and money, etc.

A) The Defendant, as indicated in its holding, asked B, who was a member of the re-election Gu, to rescue the vehicle and received sirens from B around August 2013, and asked B to assist B to pay the office fee on May 2015, 2015 after the decline in the local election, and received office rent from seven times from around November 2015.

B) After that, the Defendant received a request from B to return the said siren vehicle several times, but did not return the vehicle at each time, and demanded B to send text messages as stated in its reasoning whenever B delays in providing money to the Defendant (Evidence No. 5635).

C) As to the reasons why the Defendant provided the vehicle and money at the investigative agency as above, B stated that although L is not a company which has obtained permission, but has been imposed a fine for negligence due to illegal facilities, the Defendant was able to file a civil petition if he refuses his request, and on the other hand, he was able to receive a civil petition when he was filed at the request (Evidence Record 5632, 5638 pages).

D) In addition, B was well aware that the Defendant was able to help G for political re-employment even after the falling from the local election in 2014.3)

3) Installation of N election banners, payment of household bills, etc.

A) At the request of the Defendant on May 2014, N produced and installed the Defendant’s electoral banner by requesting it to S(Representative X), which is a collaborative company around May 2014. After the Defendant’s falling, N paid the Defendant’s expenses for office furniture around October 2015.

B) At the time N was aware of the fact that the Defendant was going through the sixth local election as a member of the re-elections, as well as that he was preparing for the following election for re-elections even after the falling from the local election in 2014.4); or

Considering the status of the defendant as shown in the above facts, the relationship between the defendant and B.N, the defendant's receipt of money or benefits from B-N, the recognition of B-N at the time, and the following circumstances, it is reasonable to view that the money or benefits that the defendant received from B-N constituted a "political fund as provided by the Political Fund Act."

1) On June 2014, the Defendant tried to resume through the next local election while engaging in activities, such as the H party uniform and the participation in the election campaign for National Assembly members, even after the 6th election of the Gu Council members, and appears to have sufficiently recognized the Defendant’s above intent. Therefore, even after the expiration of the term of office of the Gu Council members, the Defendant is deemed to fall under the “person who intends to become a candidate under the Public Official Election Act” as provided in the Public Official Election Act, since the Defendant expressed his intent to run in the election for public office to a certain extent that

2) The Defendant’s act of taking part in the election campaign by a member of the National Assembly who takes part in the area and supports the H party after the Defendant was absent from the 6th local election is called “political activity” as part of the strike surrounding the acquisition of power. As such, it is sufficient to view that the Defendant’s act of receiving the necessary vehicles, funds, election placards, households, etc. to be used at the above election campaign office for the National Assembly members is both contributed political funds.

3) The Defendant alleged that KRW 8,050,00 as stated in Section 1-b. 2,99,70 of the judgment and Section 1-c. 8,00 of the judgment of the court below were the funds borrowed from N and B, but there is no agreement on the interest and the due date for payment, and no agreement is made on bonds such as a loan certificate, and ② the Defendant did not pay each of the above money to N and B until the lapse of several years, and there seems to be no way to demand the Defendant to pay each of the above money. ③ N and B did not expect that the Defendant would pay the above money at the investigative agency, but did not expect that the Defendant would pay it (B, 5273 pages of the evidence record), while the Defendant did not have to pay the funds without any charge, the Defendant stated that he received the above money from N and B by not paying the expenses (N, evidence record,6577 pages of the evidence record), and it is difficult to view it as the Defendant borrowed each of the above money from N and each of the above.

Therefore, all facts charged against Defendant A can be sufficiently convicted.

5) Grounds for sentencing

1. The scope of punishment by law;

(a) Defendant A: Imprisonment for not more than seven years and six months;

(b) Defendant B: Fines not exceeding 15 million won;

2. Determination of sentence;

Defendant A’s crime of this case is a crime of impairing the legislative intent of the Political Funds Act, which aims to contribute to the sound development of democratic politics by securing the transparency of political funds and preventing any malpractice related to political funds, in such a way as not stipulated in the Political Funds Act, from those who are engaged in political activities during the term of office or after the expiration of the term of office and who operate an enterprise in the same region, etc., in such a way as not stipulated in the Political Funds Act. The nature and circumstances of the crime are not easy to say that it is a crime that impairs the legislative intent of the Political Funds Act with the aim of contributing to the sound development of democratic politics.

However, in relation to the instant crime, there seems to be no specific solicitation or unjust intent between the said Defendant and the Defendant B, a money provider, etc., and Defendant B was committed passively in response to Defendant A’s demand to provide political funds, and there was no previous conviction exceeding the fine.

In addition, taking into account the following circumstances, the Defendants’ age, character and conduct and environment, motive and consequence of the crime, circumstances after the crime was committed, etc., the same sentence as the order is determined, and the execution of the above sentence is suspended for Defendant A, but the social service is ordered for considerable time in order to provide opportunities for the crime of deceiving by blood and blood, etc.

Judges Kim Young-ho

Judgment of the Prosecutor

The specific facts are partially recognized differently from the facts charged.

2) The Defendant did not request B to rescue the vehicle, and if B voluntarily terminates the rental contract of the vehicle, the Defendant would incur a lot of damages.

The defendant alleged to the effect that the above vehicle was provided, but the cost of early termination is greater than the sum of the rental cost for the remaining siren period.

As such, the Defendant’s above assertion is difficult to easily understand, and furthermore, B voluntarily provided the Defendant with the vehicle.

Even if it is accepted in a way other than that provided for in the Political Funds Act, it does not affect the establishment of the crime of violating the Political Funds Act.

3) B stated in the investigative agency that the money it provides is deemed to be used as the rent for the election campaign office of a candidate for a National Assembly member.

We also set up (Evidence No. 6609).

4) N means that there should be an office for the defendant to meet with local residents and Qado at the investigative agency around the time of the payment of the office price for the household.

The senior stated that he was aware that he had an office set up in order to prepare for the following election (Evidence Records 5700, 6582).

5) The sentencing criteria are not set.