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(영문) 부산지방법원 2017.06.30 2016고합662
알선뇌물수수
Text

[Defendant A] The Defendant is innocent. The Defendant publicly announced the summary of the judgment against the Defendant.

[Defendant B] The defendant is punished.

Reasons

Punishment of the crime

1. Defendant B is the Secretary General of the Council for Party Members of L Political Parties (hereinafter “L Party”) (hereinafter “Party”), although the name was changed to a party M on February 13, 2017, Defendant B is the Director General of the Council for Party Members for convenience.

On February 3, 2016, the Defendant received KRW 5 million from P as the operating expenses of the said office from a member A’s supporters’ association office (hereinafter “ supporters’ association office”) and received KRW 15 million in total from P under the same name at the same place on February 4, 2016.

As a result, the Defendant received a contribution of political funds by means not stipulated in political funds law.

2. On April 13, 2016, Defendant C received KRW 10 million from P for election funds from the office of R Co., Ltd. (hereinafter “R”) located in Q on April 11, 2016, as the director general of the election campaign headquarters A at the time of the election of the 20th National Assembly members of the National Assembly (hereinafter “20th National Assembly”).

As a result, the Defendant received a contribution of political funds by means not stipulated in political funds law.

Summary of Evidence

1. Statement made by the defendant B in the first trial record;

1. Entry of Defendant C’s partial statement in the first trial record;

1. Statement of the witness P in the trial records of each trial on the first and second occasions;

1. The part concerning P statement in the protocol of interrogation of the suspect against Defendant C and Defendant B by the prosecution

1. Statement made by each prosecutor to the prosecution on P;

1. A P statement;

1. One copy of a report of investigation (attached to the statement of funds flow that borrowed KRW 20 million on April 6, 2016) and one copy of the statement of funds flow (limited to each defendant C), the application of statutes,

1. Relevant Article 45 (1) of the Political Funds Act (as a whole, with respect to Defendant B), and Article 45 (1) of the same Act (as a matter of course, selection of fines)

1. Defendant B and Defendant C in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant B and Defendant C: The latter part of Article 45 (3) of the Political Funds Act;

1. Defendant B and Defendant C: Determination on the assertion of Defendant C and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim.

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