Defendant 8 and eight others

Kim Chuncheon

Attorneys Gu Council et al.

Defendant 8 shall be punished by imprisonment for one year, by imprisonment for ten months, by imprisonment for six months, by imprisonment for six months, by imprisonment for defendants 5, 1, and 4, by a fine of seven hundred thousand won, by fines, and by a fine of five hundred thousand won.

Defendant 5, 7, 1, 2, 3, and 4 fail to pay each of the above fines, each of the above defendants shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

The number of days of detention prior to the issuance of this judgment shall be 84 days, 47 days, 9 days, and 4 days shall be included in the above punishment against Defendant 6.

The twelve days of detention days prior to the issuance of this judgment shall be included in the period of detention in the workhouse in which each of the above fines for defendants 7, 1, 2, and 3 is included in the calculation of 12 days of detention and each of the above fines.

However, with respect to defendants 8, 9, and 6, the execution of each of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The seized golf 2 sets (No. 3) shall be confiscated from Defendant 9, and 10,00 won bl. 256 (No. 10) from Defendant 6, respectively.

The amount of KRW 17.2 million from Defendant 8, KRW 4.44 million from Defendant 6, KRW 5 million from Defendant 2, and KRW 468,493 from Defendant 4 shall be collected respectively.

Defendant 8 was in office as the head of the liaison office of the Sung-Gun from around 1996 to around 2004, and from around April 2004 to June 2005, Defendant 8 was in office as the head of the office of high-ranking liaison for the National Assembly member (name of the political party omitted) who was in the constituency of Si/Gun from around June 2005 to around June 4, 2005, and Defendant 9 was in office as the head of the office of high-ranking liaison for the National Assembly member who was in the constituency of Si/Gu (name of the political party omitted). Defendant 2 was in the name of the political party (name of the political party) who was in front of the fourth local election of the Do Council member of the Do (hereinafter referred to as the "local election") which was held on May 31, 2006 and omitted. Defendant 5 was in the name of the political party that was in front of the Do Council member of the Do Council member of the 3rd National Assembly.

1. Defendant 8:

(a) Although the address outside the second constituency for the Do Council member of the Do Council member is located, there is relations with the electors in the 2nd constituency for the Do Council member of the Do Council member, and therefore all contributions cannot be received from the candidates (including those who wish to be the candidates; hereinafter the same shall apply) in the 2nd constituency for the above Do

Of January 2006, Defendant 9, who is a member of the Gyeongsung-gun (name omitted) office of the National Assembly (hereinafter referred to as “highness liaison office”) located (name omitted) in Gosung-gun, Gosung-gun (Seoul), was provided with KRW 3 million for the purpose of life saving, and was donated to Defendant 9, who is a member of the Do Gyeongsung-gun, the second election commission of the Do Do Gyeongsung-gun, and was planned to withdraw from the second election commission of the Do Gyeongsung-gun,

B. Not only is a person unable to receive a contribution from a candidate, but also is not entitled to receive a contribution of political funds in relation to the recommendation of a specific person as a candidate in an election for public office;

On February 2006, Defendant 9 received political funds in relation to the act of recommending a specific person as a candidate in the election of public officials from the candidate at the same place as the police officer, the words “Jin-gu and Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin,” together with the words “Jin-Jin-Jin-Jin-Jin and Jin-Jin-Jin-Jin-Jin,” which means that he may receive 3 million won per 5

(c)The elector in the first constituency for the Do Council member of Gyeongnam-do, who is not entitled to any contribution from the candidate, regardless of whether the elector is entitled to any contribution

(1) around 14:00 on January 26, 2006, Defendant 5, who is the person scheduled to withdraw from the 1st election district of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the local election,

(2) around 15:00 on February 2, 2006, he received KRW 1,00,000 from Defendant 5 on the pretext of money in front of the office of the Gosung-gun Sports Association located in the Gosung-gun, Gosung-gun, Gosung-gun and then donated to him;

(d)In the first election district for the Do Council member of the Do Council member, the electors of the Do Council member cannot receive any contribution from the candidate, and notwithstanding that they cannot receive any contribution of political funds in a way that is not specified in the Political Funds Act,

At the high contact office around 17:00 on April 7, 2006, Defendant 5 received KRW 5 million in the name of operating expenses of the high contact office which is a political fund from Defendant 5 and received a contribution from a candidate in a manner that is not provided for in the Political Funds Act at the same time;

E. Despite the fact that an address outside the constituency for the Gyeongsung-gun, which has been located outside the constituency for the Gyeongsung-gun, there is relations with the electors in the said constituency, the said constituency cannot receive any donation from the members and candidates of the local council;

(1) around January 26, 2006, Defendant 1, who is a member of the local council for the district council for the members of the Gyeong-nam High Military Branch, which is the member of the local council for the members of the district council for the members of the Gyeong-nam High Military Branch, who is the member of the local council for the members of the local election for the members of the Gyeong-nam High Military Branch, shall be donated one million won

(2) received contributions of KRW 200,000 from Defendant 1 for meal expenses at the same place on March 28, 2006;

(f) Although the address outside the 2nd constituency for the Do Council member of the Do Council member, there is relations with the electors in the 2nd constituency for the above Do council member, there is no contribution from the candidates in the 2nd constituency for the above Do council member;

Receiving KRW 2 million from Defendant 3, a person scheduled to take part in the second constituency in the local election of the Do council members of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do council of the Do

G. Although the address outside the 2nd constituency of the Do Council member of the Do Council member is located, there is relations with the electors in the 2nd constituency of the above Do council member, so it is not possible to receive any donation from the candidates in the 2nd constituency of the above Do council member;

Around August 3, 2005, the Gyeongsung-gun requested Defendant 7, who will be the end of the second election district of the Do Do Do Do Do - to post a telephone to the Do Do Do Do -, and requested that “the Do Do - the Do - Do - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

H. Notwithstanding the fact that the political funds cannot be contributed in a way that is not prescribed in the Political Funds Act, while promoting the establishment of a high-ranking liaison office around October 2005 and not preparing KRW 20 million, Defendant 4’s member of the National Assembly (name of a political party omitted) who is a political fund with Defendant 4’s permission would be given a free loan from Defendant 7, with the amount of KRW 20 million prior to the high-sex liaison office.

on October 28, 2005, Defendant 7’s (name omitted) office located in Gyeongsung-gun, Kim Sung-gun, Kim Jong-gun, (name omitted), made a contribution of political funds in a manner not stipulated in the Political Funds Act by borrowing a cashier’s check of KRW 20 million without any interest agreement; and

2. Defendant 9:

(a) A person scheduled to run in the second constituency in the Do Council member of the Do Council member of the Do Council member of the Do Council, who is not a party in the constituency in question or a person having relations with the electorate even if outside the constituency in question, may not make any contribution;

On January 2006, a person makes a contribution by providing KRW 3 million to the electorates of the second high-ranking constituency and Defendant 8 who have relations with the electorates of the said high-ranking constituency for the purpose of life-saving at the office of contact for policemen, and by providing them with KRW 3 million for life-saving

B. As above, the candidate is unable to make contributions as well as to make contributions with respect to the recommendation of a specific person as a candidate in the election for public office, notwithstanding that he/she is not able to make contributions;

In February 2006, Defendant 8 provided 3 million won as a candidate by providing 3,00,000 won to Defendant 8 at the same place as above, and along with the words of “child-gu and autonomous Do council member,” so that he may receive the contribution per each (name omitted) of the second election district of the Do council member of the Do council member of the Do council member of the Do council for local election, and at the same time, contributed political funds in relation to the election of public officials as a candidate for

(c)A person who is scheduled to run in the second constituency for the Do Council member of the Do Council member of the Do Council, and a candidate is not entitled to make any contribution to a person in the constituency concerned or a person having relations with the electorate even if outside the constituency concerned;

(1) around 18:00 on the first half of December 2005, at the first 18:0, at the early 18:00 Dong-dong Do-dong, by providing 3,00,000 won to the electorates of the above high-level 2 constituency and Defendant 6 who have a relationship with the electorates of the above high-level 2 constituency for money, and making a contribution;

(2) around the end of December 2005, at the front parking lot in front of the Gosung-dong Gosung-gun's Gosung-gun's Gosung-dong's Gosung-dong's Gosung-dong's Gosung-dong's Gosung-dong's Gosung-dong's office and provided Defendant 6 with the amount equivalent to KRW 5.60,00 won at the 2nd anniversary

(d)do not contribute political funds in such a way that they are not provided for in the Political Funds Act;

On December 17, 2005, at the restaurant located in Jinju-si (mutual omitted) around 19:00, 10 young members including Defendant 2, a member of the National Assembly (name of the political party omitted) attending the restaurant (name of the political party omitted) under Defendant 4, a member of the National Assembly (name of the political party omitted), including Defendant 2, who is the chairman of the young committee of the Gyeongnam-do Party, and Defendant 2 told Defendant 4 that “it is difficult to support KRW 5 million due to lack of operating expenses of the committee of the Do party”, Defendant 2 told Defendant 4 that “I will provide support of KRW 5 million.” On the 21st of the same month, Defendant 3, an election campaign manager of Nonindicted 3, a member of the youngnam-do Youth Committee in the name of 5,000,000 won in the name of Gyeongnam-do Party under the name of 5,000 won in the name of the political party.

3. Defendant 5:

(a) A person scheduled to run the first election district in order to be a member of the Do Do Do Do 1, who is a candidate, despite being unable to make any contribution to the electorate;

(1) around 14:00 on January 26, 2006, at the office of Gosung-gun, Gosung-gun, Gosung-gun, Gosung-dong, Gosung-gun, Kim Sung-dong, providing Defendant 8, the one-party electorate, the one-party electorate, with a contribution amount of one million won for money, and make a contribution;

(2) around 15:00 on February 2, 2006, by providing Defendant 8 with KRW 1,000,000 for money in front of the office of the Gosung-gun Sports Association in the Gosung-gun, Gosung-gun, Kim Sung-gun and making contributions to Defendant 8;

(b) A person who is scheduled to run the first election district in order to be a member of the Do Do Do Do Do Do Do -, and the candidate is unable to make any contribution to the electorate and may not make any contribution to the political fund in such a way that is not provided for in the

around 17:00 on April 7, 2006, by providing Defendant 8 with KRW 5 million in the name of operating expenses of the high sex liaison office, which is a political fund, as a candidate, to make a contribution and at the same time contribute political funds in a way that is not provided for in the Political Funds Act;

4. Defendant 6:

(a) Although the address outside the 2nd constituency for the Do Council member of the Do Council member is located, there is relations with the electors in the 2nd constituency for the above Do council member, so it cannot receive any donation from the candidates in the 2nd constituency for the above Do council member;

around 18:00 on the first day of December 2005, Defendant 9, who was scheduled to be sent KRW 3 million on the mutual unfolded restaurant located in the Northern Dong-dong, through which he received KRW 3 million on the pretext of money from Defendant 9, a person to be sent from the above Gosung 2 election district, and received donation;

(b) no person is able to arrange contributions;

Around December 2005, at the front parking lot in front of the Gosung-dong Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Kim Sung-dong, Defendant 9 heard from Defendant 9 the horses that “a golf bond would be transferred to Defendant 4 National Assembly members,” and received 5.60,00 won in the golf bond market price, and then arranged for the contribution act by expressing an intention to deliver the above golf bond 2 taxes to Defendant 4 who is related with the above Gosung-gun 2 electoral district and Defendant 4;

5. Defendant 7:

(a) A person scheduled to run in the second constituency in the Do Council member of the Do Council member of the Do Council member of the Do Council, who is not a party in the constituency in question or a person having relations with the electorate even if outside the constituency in question, may not make any contribution;

Around August 3, 2005, after receiving a request from Defendant 8, who had relations with the two electors of the above constituency, to “the President, the President, and the amount of money,” by telephone, and following the following day, remitted KRW 100,000 from the agricultural bank account in the name of Defendant 8 to the agricultural bank account in the name of Defendant 8:

(b)it is impossible to contribute political funds in such a way that they are not provided for in the Political Funds Act;

around October 28, 2005, at the office (name of the company omitted) office of the defendant (name of the company omitted) located in Chungcheongnam-gun, Kim Sung-gun (name of the company omitted), the defendant 8 permitted by the defendant 4 to contribute political funds in a manner that is not prescribed in the Political Funds Act by lending a cashier's check of KRW 20 million to the defendant 4 of the National Assembly member (name of the political party omitted) under the name of the deposit for the deposit for the deposit for the deposit of the deposit for the deposit of the senior liaison office.

6. Defendant 1:

A person scheduled to withdraw from a constituency for a member of the local council in the constituency for the Gyeongnam-gun of the Gyeongnam-gu, who is a member of the local council for the Gyeongsung-gun, and a candidate may not make any contribution to a person in the constituency in question or a person having relations with the electorate even if he is outside the constituency in question;

(a) at the high sex liaison office on January 26, 2006, provide a contribution act of KRW 1 million to Defendant 8, who has a relation with the above high sex group members, electorates, electorates, and electorates, for the purpose of life-saving, at the high sex liaison office;

B. A contribution act is made by providing Defendant 8 with a meal expense of 200,000 won at the same place on March 28, 2006 and under the pretext of meal expenses;

7. Defendant 2:

Notwithstanding that political funds cannot be contributed by means other than those provided for in the Political Funds Act,

Around 19:00 on December 17, 2005, at the restaurant located in Jinju-si (mutual omitted). (Around December 17, 2005, under the attendance of Defendant 4, a member of the National Assembly (name of the political party omitted), more than 10 members, including Defendant 4, who is the chairman of the Youth Committee of the Do party (the name of the political party omitted), provided meals to Defendant 4, the Defendant was offered a proposal that “it is difficult to support five million won due to lack of operating expenses of the Do party”; (b) Defendant 9 provided a proposal that “the head of the Do party will support five million won”; and (c) Nonparty 3, an election manager of Defendant 9, Nonindicted 4, who was Nonindicted 5, who was the head of the Do party under the name of Defendant 4, who was a member of the Do party, received 500,000 won for operating expenses of the Do party, and did not provide for political funds in the Political Fund Act.

8. Defendant 3:

A person scheduled to withdraw from the 2nd constituency in the Do Council member of the Do Council member of the Do Council, a candidate may not make any contribution to a person in the constituency concerned or a person having relations with the electorate even if he is outside the constituency concerned;

on March 25, 2005, after remitting KRW 2 million to the Agricultural Cooperative account in the name of Non-Indicted 1, his wife, to Defendant 8, who is related to the two constituency electorates and the electorates in the above Gosung-gun, Gosung-gun, Kim Sung-gun, Kim Sung-gun, a contribution act, in the name of living expenses;

9. Defendant 4:

Despite the fact that the political funds cannot be contributed in a way that is not prescribed by the Political Funds Act, while the establishment of a high-ranking liaison office around October 2005 was promoted and the deposit amount of KRW 20 million was not prepared, in collusion with Defendant 8, Defendant 4 of the National Assembly member of the Masung liaison Office (name of a political party omitted) who was a political fund is to be loaned KRW 20 million without compensation from Defendant 7;

On October 28, 2005, at the office of Defendant 7-(name omitted) located in Gyeongsung-gun, Kim Sung-gun, Kim Jong-gun (deba omitted), Defendant 8, who was permitted by the Defendant, received a contribution of political funds in a manner not determined by the Political Funds Act by borrowing from Defendant 7 a bill of cashier's checks of KRW 20 million from Defendant 7 to 20 million without interest agreement.

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor’s statement about Nonindicted 6 and 7

1. Each police statement on Nonindicted 3, 4, 8, 5, and 1

1. Each protocol of seizure by the police (investigative records, No. 168, 526 pages);

1. A criminal investigation report (a golf bond photograph, a letter of appointment of Defendant 2, a young committee per young party (name omitted), a high-sex area election district list, a domestic currency details, and an inquiry into the details of reverse communications);

1. Copies of replies to financial transaction information, copies of lease agreements and cashier's checks;

1. Article applicable to criminal facts;

(a) Defendant 8: Articles 257(2) and 113(1) (a) of the Public Official Election Act (a) (a person who is residing outside of the constituency and is related to electorates or is a person in the constituency and who receives each contribution from Defendants 9, 5, 1, 3, and 7); Articles 45(2)5 and 32 subparag. 1 (a) of the Political Funds Act (a person who receives the contribution of political funds from Defendant 9 in connection with the recommendation of candidates) of the Political Funds Act; Article 45(1) (a) of the Political Funds Act; Article 45(1) of the Political Funds Act (a person who receives the contribution of political funds from Defendant 5 in a manner that is not prescribed by the Political Funds Act); Article 45(1) of the Political Funds Act; Article 30 of

B. Defendant 9: Articles 257(1)1 and 113(1) (which means each contribution made to Defendant 8 and 6 who is outside of the constituency but who is connected with electors) of the Public Official Election Act, Articles 45(2)5 and 32 subparag. 1 (which means that political funds are contributed to Defendant 8 in connection with the recommendation of candidates) of the Political Funds Act, Article 45(1) of the Political Funds Act (which means that political funds are contributed to Defendant 2 in a way that is not provided for in the Political Funds Act)

(c) Defendant 5: Articles 257(1)1, 113(1) (which gives each contribution to Defendant 8 located in the constituency) of the Public Official Election Act, and Article 45(1) of the Political Funds Act (which gives each contribution to Defendant 8 by means that are not provided for in the Political Funds Act)

(d) Defendant 6: Articles 257(2) and 113(1) (a) of the Public Official Election Act; Articles 257(2), 113(2), and 113(2) and (1) of the Public Official Election Act (a)

(e) Defendant 7: Articles 257(1)1 and 113(1) (which means a contribution made to Defendant 8 who is outside of the constituency but who is related to electorates) of the Public Official Election Act; Article 45(1) of the Political Funds Act (which means that political funds are contributed to Defendant 8 and 4 in a way that is not provided for in the Political Funds Act)

(f) Defendant 1: Articles 257(1)1 and 113(1) (which give each contribution to Defendant 8) of the Public Official Election Act;

(g) Defendant 2: Article 45(1) of the Political Funds Act (the fact that political funds are contributed by Defendant 9);

(h) Defendant 3: Articles 257(1)1 and 113(1) (a) (a contribution made to Defendant 8) of the Public Official Election Act;

(i) Defendant 4: Articles 45(1), 3 subparags. 2 and 1, and Article 30 of the Criminal Act (which receives political funds from Defendant 7) of the Political Funds Act;

1. Commercial competition;

Articles 40 and 50 of the Criminal Code

A. Defendant 8: B between the crimes of violating the Public Official Election Act and the crimes of violating the Political Funds Act, between the crimes of violating the Public Official Election Act and the crimes of violating the Political Funds Act, between the crimes of violating the Public Official Election Act and the crimes of violating the Political Funds Act, and both the punishments are more severe

B. Defendant 9: (b) the crime of violation of the Public Official Election Act and the crime of violation of the Political Funds Act as provided in Article 2-2(b) of the judgment; and (c) the punishment for the crime

C. Defendant 5: (b) the crime of violation of the Public Official Election Act, between the crimes of violation of the Political Funds Act, and punishment provided for the crime of violation of the Public Official Election Act, which is more severe than the nature

1. Selection of punishment;

A. Defendant 8, 9, and 6’s violation of the Public Official Election Act and Defendant 8 and 9’s violation of the Political Funds Act

B. Determination of each fine on Defendant 5, 7, 1, and 3’s violation of the Public Official Election Act and Defendant 7, 2, and 4’s violation of the Political Funds Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

(a) Defendant 8: The punishment shall be aggravated by the penalty stipulated in Article 1-4 (d) of the Act on the Punishment of Violations of the Political Funds;

B. Defendant 9: Aggravation of the penalty stipulated in Article 2-2(b) of the Judgment with the largest nature of the crime;

C. Defendant 5: Aggravation of the penalty stipulated in Article 3-2(b) of the Public Official Election Act, which is the most severe offense

(d) Defendant 6: The punishment to be imposed on the violation of the Public Official Election Act due to the intermediation of golf loans making in a more severe judgment with the nature of crime;

(e) Defendant 7: Aggravation of the penalty provided for the violation of the Political Funds Act, which is heavier than the nature of the crime

(f) Defendant 1: The punishment to be imposed on the violation of the Public Official Election Act due to a contribution act prior to the making of a heavier judgment with the nature of the crime;

1. Detention in a workhouse;

Defendant 5, 7, 1, 2, 3, 4

Articles 70 and 69(2) of the Criminal Code

1. Calculation of days of detention;

Defendant 8, 9, 5, 6, 7, 1, 2, 3

Article 57 of the Criminal Code

1. Suspension of execution;

Defendant 8, 9, and 6

Article 62(1) of the Criminal Code (General Considerations favorable to the above Defendants among the reasons for sentencing specified below)

1. Confiscation;

Defendant 9: Article 48(1)1 of the Criminal Act

Defendant 6: Article 257(4) of the Public Official Election Act

1. Additional collection:

Defendant 8: Article 257(4) of the Public Official Election Act; Article 45(3) of the Political Funds Act

Defendant 6: Article 257(4) of the Public Official Election Act

Defendant 2 and 4: Article 45(3) of the Political Funds Act

Defendant 4 was leased KRW 20 million from Defendant 7 on October 28, 2005 without compensation, and returned on April 17, 2006. We examine the scope of the amount to be collected by the Defendant.

Article 3 subparag. 2 of the Political Funds Act provides that not only any act of providing political funds, but also any act of lending money or goods, lending facilities without compensation, exempting or reducing debts, and offering other benefits shall be deemed as a contribution. Article 45(1) of the same Act provides that a penal provision for an act of contributing or receiving political funds in a manner that is not provided for in the Political Funds Act shall be imposed, and Article 3(3) of the same Act provides that “the money or goods provided or other property benefits shall be confiscated and, if confiscation is impossible, the equivalent amount shall

The provision that the lending of money, goods, or other property benefits provided shall be confiscated and collected in cases where the lending of money, goods, or facilities is deemed to be a donation, and where the lending of money, goods, or other property benefits are provided in a self-confluence, it may be deemed that such money, goods, etc. should be confiscated and collected.

However, in light of the following: (a) a free loan of money and valuables is deemed as a contribution act; (b) even if a loan of money and valuables is illegal not by itself illegal; (c) a loan of money and valuables is illegal; and (d) a benefit obtained by the other party from a free loan is equivalent to interest, not the loan itself; and (b) a contribution of money and valuables or benefit in lieu of expenses, donation, exemption, reduction, etc. in the form of a contribution act listed in Article 3 Subparag. 2 of the Political Fund Act belongs to the person to whom the money and valuables or facilities are donated; and (d) the fact that money and valuables or facilities are leased free of charge does not belong to the person to whom the money and valuables or facilities are donated; and (e) a person is obligated to return money and valuables or facilities themselves to the person to whom the money and valuables or facilities are donated, it is reasonable to interpret that all the above confiscation and collection provisions should be confiscated, collected additionally if all the money and valuables provided are unlawful, such as in the manner of donation.

Therefore, Defendant 4’s profit derived from the lending of KRW 20 million to Defendant 4 shall be the amount equivalent to the civil legal interest from October 28, 2005 to April 17, 2006, which was repaid with Defendant 4’s loan of KRW 20 million (the profit derived from the lending of KRW 20 million is not equivalent to the commercial bank interest rate, but it is reasonable to calculate the amount equivalent to the interest to be paid in a case where Defendant 4 borrowed the said money with compensation from Defendant 7, and the amount to be collected from Defendant 4 is 468,493 won (i.e., legal interest rate of KRW 20,000 x 0.05 x 171/365).

1. As to the application of the Public Official Election Act

Defendant 9, 5, 1, 7, and 3 of the facts charged on the violation of the Public Official Election Act are all the facts charged on the violation of the Public Official Election Act, which provide money and valuables to Defendant 8 in relation to the success of each local election (the name of the political party omitted), and all of them considered Defendant 8 as Defendant 8 by applying Article 113 of the Public Official Election Act.

The legislative intent of Article 113 of the Public Official Election Act is to prevent the purchase of money or goods by those who are likely to have an influence on the right holder or the right holder in the constituency, and in relation to officialship, it is not a provision that is in line with the breath Act of this case by the Defendants, who exchange money or goods, but rather, it seems that the above provision is applied in light of the direction of Defendant 8 and that the above defendants are the right holder in the constituency where the said defendants intend to run or can have an influence

Meanwhile, Article 32 subparag. 1 of the Political Funds Act prohibits the exchange of political funds in relation to officialship, but in this case, the above provisions do not seem to apply because it is difficult to see the received money as political funds.

The application of Article 113 of the Public Official Election Act to the above Defendants is doubtful whether it does not violate the principle of no punishment without the law, but it did not reach the conclusion that it does not violate the principle of no punishment without the law.

Therefore, as long as the above Defendants’ act is regarded as a violation of the prohibition of contribution act under Article 113 of the Public Official Election Act, the punishment related to the elements of the crime is judged reasonable and considered.

2. As to the application of the Political Funds Act

Article 8 of the Constitution provides for the protection of the freedom of political party establishment and its organization and activities, and Article 21(1) provides various restrictions on political funds under the Political Funds Act in order to ensure appropriate provision of political funds and transparency, thereby preventing irregularities related to political funds. These restrictions are not applied or interpreted in the direction that excessively limits the smooth activities of the political party. Therefore, this case’s sentencing was taken into account.

3. Reasons for sentencing by defendant

A. Defendant 8

(name of the party) Although the head of the office for sexual liaison of Defendant 4's member of the National Assembly held on May 31, 2006 and held on May 31, 2006, despite the position to have a certain degree of influence on the success of the local election (name of the party omitted), it is inevitable to choose imprisonment with prison labor because of high possibility of criticism for receiving a large amount of money and valuables from other Defendants. However, most of the circumstances, such as the fact that most of the money and valuables were friendly for long time while living in the same high-sex area and the living conditions of the defendant had been giving financial assistance from time to time prior to the instant case, and the fact that the number of money and valuables did not seem to have a significant impact on the result of the official election or local election per (name of the party omitted) are not to be sentenced to punishment for the defendant

B. Defendant 9

In the local election, money and valuables are actively provided to Defendant 8, 6, 2, etc. in order to receive a fair election (name of the political party omitted) and it is inevitable to select imprisonment with prison labor due to Defendant 4, who is a member of the National Assembly through Defendant 6. However, in consideration of all the circumstances, such as the fact that the defendant was not subject to a fair election, there is no criminal conviction in addition to a fine, there is a peny, and that the defendant is trying to concentrate only on political and business due to this case, the sentence shall be determined as per the order, and the sentence shall not be imposed.

C. Defendant 5

Although there is a possibility of criticism that money and valuables are provided to Defendant 8 in relation to official and political funds for each local election (name of the political party omitted). However, it seems that there is no particular relation with the provision of money and valuables to Defendant (name of the political party omitted) as a candidate for the Do council member, the prosecutor is applying the rate of contribution to the electorate under Article 113 of the Public Official Election Act, rather than for the offering of KRW 2 million as a contribution to the electorate. Defendant 8 has long friendly relationship with each other, and there was an economic help from around 196 (name omitted). From February 1996, he was admitted to the party and was in charge of the vice-chairperson for the Tong-young and Gosung area (name of the political party omitted) from February 200, he was in charge of full-time members of the local council, and even before the instant case, it appears that there was no violation of the Political Fund Act in relation to the donation of KRW 5 million among the criminal facts of this case.

D. Defendant 6

Although Defendant 4, who is a member of the National Assembly, assists a member of the National Assembly and has the duty of integrity at the same time, it is inevitable to choose a sentence as ordered by the sentence, considering all the circumstances such as the receipt of money and valuables from Defendant 9 who wishes to be offered to Defendant 4 for each local election (name of the political party omitted), and the fact that Defendant 4 had been sentenced to a fine of one million won due to the violation of the Public Official Election Act on May 28, 2004, and the fact that it was inevitable to choose a sentence of imprisonment. However, Defendant 9 did not receive a fine of one million won due to the violation of the Public Official Election Act on May 28, 2004. However, Defendant 9 did not receive a fine, good offices to offer golf loans, and returned golf loans to Defendant 9. Due to the instant case, in consideration of all the circumstances such as the fact that Defendant resigned from a member of the National Assembly, in addition to the above fine, there was no criminal conviction,

E. Defendant 7

The possibility of criticism is relatively low in light of the fact that it is an act according to Defendant 8's request, the fact that Defendant was unable to receive official ceiling, the fact that Defendant had been able to do so from time to time due to a long time due to friendship with Defendant 8, and the fact that the Vice-Chairperson of the Gyeongnam-do Party at the time of the instant case is in charge of the Vice-Chairperson of the Gyeongnam-do Party

F. Defendant 1

The provision of money and valuables to Defendant 8 is likely to be criticized because it is not related to the public administration (name of the political party omitted). However, the prosecutor has applied it to the contribution act to the electorate under Article 113 of the Public Official Election Act, and the prosecutor has been well aware of his living with a long-term relationship with Defendant 8 (including about 25 years), and the amount is a relatively small amount of money, etc., he shall be deemed not to have lost his membership and determine the punishment as set forth in the order.

G. Defendant 2

Defendant 9’s active act, and all remittance of the above money to the general account of the Youth Committee was used as operating expenses of the Youth Committee, and if only the procedures under the Political Funds Act are equipped with adequate procedures, it can be seen as a legitimate political fund, and the sentence shall be determined as ordered by the order.

H. Defendant 3

The defendant 8 has long been well aware of his living together with the defendant 8, and at the time, the defendant 8 was the secretary general of the High Military Sports Association, and the defendant was in a relationship with the non-political affairs as the president of the Gosung-gun Sports Association. The case was 14 months prior to the local election, and the possibility of the defendant's offering of money and goods and the possibility of criticism is obviously small enough to affect the result of the official election or local election (name omitted) and so the illegality and possibility of criticism are so low that the defendant's membership may not be lost, and the punishment as set forth in the order shall be determined.

A. Defendant 4

The act of borrowing KRW 20 million from Defendant 7 to use it as the deposit money for the deposit money of the Gosung liaison Office (name of the political party omitted) constitutes a contribution of political funds in a manner that is prohibited from the Political Funds Act, and thus, it is in violation of the above Act.

However, Defendant 7 had worked as a core part of the party (name of a political party omitted) for a long time, such as serving as Do Council members. In light of the fact that Defendant 7 was a member of the local constituency to which Do Council members belong, Defendant 7 did not lend the above money as a political fund, and even if it is obvious that Defendant 7 provided the whole money as political fund, it would not have been an issue if it would have been used as a deposit for contact office rather than as a deposit for public order, it would not have been an issue if it would have been followed under the Political Fund Act. Since monetary transaction itself does not violate the Political Fund Act, and it was against the Political Fund Act, if there was an interest agreement, it would have been difficult to rate it as a violation of the Political Fund Act. In light of the relation between Defendants, if there was an agreement, the amount of money transaction without compensation would be natural if there was no interest agreement, and the possibility of loss of interest accrued by Defendant’s political fund or profits equivalent thereto would not be determined by the Defendant’s 46,000 won.

Judges Choi Jae-ho (Presiding Judge)