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Cases
2013No3 Violation of the Public Official Election Act
Defendant
1. Sex00, member of the National Assembly;
Residential Seosan City
Reference domicile Silsan City
2. Kim Jong-tae and assistant officers for National Assembly members;
Residential Seosan City
Reference domicile Silsan City
3. Kim Jong-so, Construction Business
Residential Seosan City
【Reference domicile-si】
4. Newly Inserted by Act No. 4440, Dec. 19
Residential Seosan City
Reference domicile Silsan City
5 . 재단법인 ▣▣장학재단
Seogsan City, Seogsan
Representative Sung ○○○
Appellant
Both parties
Prosecutor
Lee Byung-ju (A prosecution, public trial)
Defense Counsel
Attorney Yellow-gu, Jin Jae-dong (for the Defendants)
Busan High Court Decision 200Na1448 delivered on May 2, 200
Attorney Park Jong-cheon, Park Gyeong-cheon, Park Gyeong-soo, Park Gyeong-chul
Judgment of the lower court
Daejeon District Court Decision 201 Gohap167 Decided December 28, 2012
Imposition of Judgment
May 13, 2013
Text
1. The judgment below is reversed.
2. The punishment against the Defendants shall be determined as follows.
A. Defendant sexual intercourse ○
Defendant ○ shall be punished by a fine of 5,000,000 won.
When the defendant ○○ did not pay the above fine, the period of 50,000 won converted into one day.
The above defendant shall be confined in a workhouse.
In order to order the provisional payment of an amount equivalent to the above fine.
Of the facts charged in the instant case, the charge of violating the Public Official Election Act by holding a music conference is acquitted.
B. Defendant Kim Jong-chul
Defendant Kim Young-chul shall be punished by a fine of KRW 4,00,000.
When Defendant Kim Jong-tae fails to pay the above fine, the period of 50,000 won converted into one day.
The above defendant shall be confined in a workhouse.
In order to order the provisional payment of an amount equivalent to the above fine.
Of the facts charged in the instant case, the charge of violating the Public Official Election Act by holding a music conference is acquitted.
C. Defendant Kim Kim
Defendant ○○○ is punished by imprisonment for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
735,000 won shall be additionally collected from Defendant Kim Kim.
(d) Defendant Dan Madle;
Defendant Dan Madern shall be punished by a fine of 1,00,000 won.
Defendant Dan Man Mackn kn kn kn kn kn kn kn kn k.
The above defendant shall be confined in a workhouse.
In order to order the provisional payment of an amount equivalent to the above fine.
마 . 피고인 재단법인 ▣▣장학재단
피고인 재단법인 ▣▣장학재단을 벌금 5 , 000 , 000원에 처한다 .
In order to order the provisional payment of an amount equivalent to the above fine.
Of the facts charged in the instant case, the charge of violating the Public Official Election Act by holding a music conference is acquitted.
Reasons
1. Main point of grounds for appeal;
A. Defendants
1) misunderstanding of legal principles as to the guilty portion and misconception of facts
As examined below, the court below erred by misapprehending the legal principles or by misapprehending the facts
The crime was found guilty.
2) Unreasonable sentencing (the Defendants)
The lower court’s sentencing against the Defendants is too unreasonable.
(b) A prosecutor;
1 ) 원심 판시 무죄 부분의 사실오인 ( 피고인 성○○ , 김□□ , 김 , 재단법인 ▣▣장
For the Foundation
피고인 성○○ , 피고인 김□□이 2011 . 12 . 12 . 재단법인 ▣▣장학재단 ( 이하 ' ▣▣장
The Foundation has remitted the amount of KRW 10 million from the account in the name of the Defendant Kim in the name of the name of the Foundation to the account in the name of the Defendant Kim Kim.
It is not paid to the Association of Voluntary Crime Prevention (hereinafter referred to as the "Federation of Chungcheongnam-do").
It was paid to Defendant ○○○ individual.
2) Unreasonable sentencing (in respect of Defendants)
The lower court’s sentencing against the Defendants is too uncomfortable.
2. Judgment on misconception of facts and misapprehension of legal principles
가 . 피고인 성○○ , 김□□ , 김 , 재단법인 ▣▣장학재단 : 원심 판시 제1의 죄 ( 가을
For a contribution act by holding a music conference:
1) Summary of the grounds for appeal
A) 'A' music conference held at Seosan City on November 3, 201 (hereinafter "the music of this case") held at Seosan City on November 3, 201
회 ' 라고 한다 ) 는 피고인 성○○이 이사장으로 있는 재단법인 ▣▣장학재단 ( 이하 ' OO
장학재단 ' 이라고만 한다 ) 이 실질적으로 개최한 것이 아니고 , ▣▣장학재단과 충남방범
A federation does not hold a meeting in collusion.
B) The music conference of this case is not held in connection with the 19th election of National Assembly members, but is not held as above.
It is not held for Defendant ○○○ by a person who wishes to be a candidate for an election. In addition, it is not held.
It is not a way to presume that Defendant ○○ made a donation.
C) Defendant Sung-○○, Kim, and Kim Jong-tae are the Seosan City Election Commission (hereinafter referred to as the “Seosan-si”).
and the election commission shall hold the music meeting of this case according to the reply of the "Preferred to as the "Preferred to".
As such, there is a justifiable reason to recognize that it is not a crime.
2) The judgment of the court below 1)
가 ) ▣▣장학재단은 이 사건 가을음악회 개최와 관련하여 날짜를 미리 지정하고 , 출
연연예인을 대신 섭외하여 주는 등 충남자율방범연합회가 주관하고 ▣▣장학재단이 후
In the form of want, the music conference of this case was held at the Seosan City.
B) For the purpose of Defendant Sung-○ in relation to the 19th National Assembly election
was held.
C) There is no justifiable reason to recognize the Defendants as not constituting a crime.
3) Determination of the immediate deliberation 2)
A) Order of determination
In order to recognize a contribution prohibited under the Public Official Election Act as having been made, this case Eul
The election should be held for the defendant ○○ with respect to the election (the Public Official Election Act)
Article 114(1) main sentence and Article 115 of the Public Official Election Act. However, Articles 114(1) latter part and 115 of the Public Official Election Act
The latter part shall make contributions by disclosing the name of a candidate or a political party to which he belongs, or a candidate or such candidate.
Where a political party to which a political party to which a political party belongs makes a contribution in an estimated manner, the candidate for the election concerned.
(iii) provide that a person shall be deemed to be a contribution act for that party;
In other words, according to the latter part of Article 114(1) and the latter part of Article 115 of the Public Official Election Act, a candidate makes a donation.
In the event that the method to presume is used, it is not necessary to prove the connection with the election.
(Form of Deemed Provisions).
Accordingly, the following is the special provision for the recommendation by the Music Association of this case after the provision of the above laws:
be deemed to have been held by a method presumed to have been supported by Defendant ○○.
If it is found that there was no such presumption method after examining whether it is possible to do so;
The purpose of this study is to examine whether the election relevance under the general provisions of the Si is recognized.
B) Whether the defendant ○○ was held in a manner presumed to have made a contribution (public office)
The possibility of applying Articles 114(1) and 115 of the Election Act
(1) As to the name of "A" musical society
피고인 성○○이 1993년부터 매년 11월경 서산시 , 태안군을 비롯한 ▣▣장학재단
지부가 설치된 10개 시 · 군에서 ▣▣장학재단 명의로 인기 가수가 출연하는 무료 음악
The media has held a meeting, and the media has reported that such a meeting has been held. In addition, this case has been reported.
가을음악회에 앞서 충청남도 지역의 7개 시군에서 ▣▣장학재단 주최의 음악회들이 열
The above musical societies also called "A" as the musical societies of this case, and "A", as the musical societies of this case;
such a fact is reported to a few press and Defendant Sung ○○ also through a journalist interview.
The fact that the meeting was held was mentioned.
검사는 이처럼 ' 가을음악회 ' 라는 명칭이 충청남도 지역에서 ▣▣장학재단이 주최
this case was known to be a unique name of the music conference, and accordingly, the music conference of this case was the same.
In form, even though the name was called as the sponsor of the Hamban Association, the name "Ai music conference" will be called as the same.
으로써 서산 · 태안 지역의 주민들에게는 ▣▣장학재단이 주최하는 것으로 추정될 수
The court below argued that the method was used, and the court below stated to this effect.
그러나 ▣▣장학재단은 2005년까지 ' 가을음악회 ' 라는 명칭을 사용하지 아니하였
J. 206 for the first time in use of the title “A” in the name “A”, 4), more than that:
2004년부터 이 사건 가을음악회가 개최되기 전까지 서산 · 태안 지역에서는 ▣▣장학
The music conference held by the Foundation was not held. In other words, the position of residents in the area of Seosan/Taian
“A music organized by the Scholarship Foundation up to the time before the music conference of this case,”
Congress did not have experienced of the musical conference with the name of "A". In addition, the name of "A" is "A".
It appears that it is only a very general name that it is a music meeting held in B.
- - From the viewpoint of the residents of Seosan and Taeanan area, - through the music conference of this case - Ga's music conference of this case -
는 명칭을 듣게 되더라도 그러한 명칭 때문에 바로 ▣▣장학재단을 주최자로 떠올린다
It is the trend that is not based on objective data or the lack of basis.
Therefore, the music conference of this case merely uses the name "A" as "A" is avoided.
It cannot be presumed that an ancient ○○ made a donation. 5)
( 2 ) 초대권이 장학재단을 통하여 배부되었는지의 점 및 이로 인하여 ▣▣장학
Whether members of the Foundation could be presumed to have been held as Defendant 1’s sponsoring
For the purposes of this section:
(A) The judgment of the court below
원심은 ▣▣장학재단의 회원들에게 이 사건 가을음악회 초대권이 배부되어 관람
객의 상당수를 차지하였을 것이라고 추론한 다음 , ▣▣장학재단이 오래 전부터 충청남
도 지역에서 ' 가을음악회 ' 를 개최해 왔고 , 이 사건 가을음악회의 초대권도 ▣▣장학재
단을 통하여 배부되었으며 , 행사 중에도 ▣▣장학재단에 대한 언급이 있었던 점 등에
비추어 , ▣▣장학재단이 후원 등의 형태로 이 사건 가을음악회의 개최에 관여하였음을
알 수밖에 없었을 것이고 , ▣▣장학재단 이사장인 피고인 성○○과 ▣▣장학재단의 관
In light of the guidance, the defendant ○○ ultimately supported the music conference of this case by supporting the music conference of this case.
It was determined that the music meeting could be presumed to have been held.
(B) Judgment of the court below
7,000 copies among the invitations of 3,000 copies for the executive meetings and the monthly conference meetings of the Chungcheong and South Korean Federation.
를 ▣▣장학재단에 배부한다는 내용이 기재되어 있었던 것은 사실이다 .
그러나 피고인들은 피고인 김소이 위와 같은 회의내용을 가지고 ▣▣장학재단
Defendant Kim Jong-young, a full-time director, entered in the election law, but Defendant Kim Jong-young was in violation of the election law.
Now it has been rejected, and the record has also been examined.
there is no sufficient basis for rejection.
한편 , 이 사건 가을음악회 당시 다수의 ▣▣장학재단후원회 회원들 ( 지부장급 포
함 ) 이 참석하였고 , ▣▣장학재단후원회의 일부 지회장과 일부 회원들이 초대권 배포에
In fact, there is a fact that the scholarship foundation appears to have been involved, but such circumstance alone alone requires the scholarship foundation to pay for the Foundation.
At the beginning of the distribution of the invitation, or the participation of the defendant, sexual ○○, and Kim Jong-young in the distribution of the invitation.
It is insufficient to see that many members of the Scholarship Foundation’s association are members of the instant Medical Association.
The mere fact that the defendant ○○ attended the meeting is sponsoring the music meeting of this case by supporting the music meeting of this case
It is difficult to evaluate that the method by which it can be presumed that the music conference is held is used.
Even if the attendance of a large number of supporters' association members causes a music conference supported by Defendant ○○○
(1) If it can be deemed that the method has been used, such beginning to the extent that
Evidence that it is recognized that the defendant ○○, and Kim Jong-chul conspiredd with regard to the systematic distribution of the right;
Unless otherwise provided, the above Defendants cannot be held liable for a crime.
(3) As to Defendant Kim ○-○’s remarks of the instant case on Defendant Kim Jong-○
(A) Statement of Defendant Kim Jong-so
As determined by the court below, the president of the Chungcheongnam-gu Federation Kim Jong-tae, as decided by the court below
At a malicious meeting, he made the following remarks while speaking in the following manner, and the defendant Sung-○ is an intermediate place in the statement.
A person shall have been seated without a separate statement.
"........... The National Assembly of N.I.K. and several family members of the Scholarship Foundation present at each page of the origin.
I have the same meaning as an auditor. (Tr.) At the same time, I have the same meaning as the first half of the first half of the year.
For purposes of this section, while multiple minutes are being exchanged for the consul, it can be seen that there is a power to support.
I would like to see that. If 'I' 'I', 'I will see', 'I will see that 'I will 'I will 'I will 'I will
I will be the first of all, the several family members of the Scholarship Foundation and the second, the second, the second, the second, the second, the second, the second, the second, all of the crime prevention families;
Mahman and Hah Hah Hah Hah Hahn Hahn Hahn Hahhn Hahhhn Hahn Hahhhhhh hhhhn
I would like to see that the FIIE is too high to do so. I would like to do this.
Until now, I have been able to dysty the overall support for the water depth. The party chip, the party chip, the auditor.
C. In addition, the advisor of the Low-Seungbuk-do Crime Prevention Group will be subject to a larger audit with a thickness of ○○○ president. sexuality ○
○ The President N.N., N. N. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.
G. G. G. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W.
If it is thought that the society is light and salt, and that there is a variety of minutes at the center, ever today.
I think that it will not be more happy time. "...."
(B) Legal evaluation of the statement
The court below erred by misapprehending the legal principles as to Defendant Kim○-○’s above remarks
It was presumed that the music conference can be presumed to have supported it.
As to this, the Defendants: (a) the Defendant’s Sung-○ did not at all hold a stable or speech;
(b) The Defendant’s sexual ○○ introduced the Defendant’s sexual ○ as the adviser of the Association of Happy Crimes, and the purpose of the Defendant’s remarks (c) is
○○ The meaning of supporting the scholarship project of Pyeongtaek-do, and (d) the sponsoring of the Association of Chungcheongnam-gu, by the society.
In light of the fact that it is clearly revealed that it is an event, it is possible to presume the fact of sponsoring by Defendant Ma○○○.
I asserts that there is no provision.
However, during the above remarks of Defendant Kim Jong-chul, there is a great portion of the U.S. class, 'S. scholarship', 'C. S. S. scholarship', 'comfort'.
An adviser of the Cheongnam-do Cheongnam-do Do Do Do Do Do o, both refer to the Defendant’s sexual name ○○;
Until this occupation exists, we have dysty to dysty the overall support on the water depth, and there is money.
I do not have the mind. The phrase “I” refers to the Defendant by the Music Association of this case.
It can be seen as a method that can be presumed to have been held by the support of gender ○○.
Therefore, the music conference of this case is a defendant for the election of the 19th National Assembly member.
of this case, the defendant Kim Jong-tae does not deny that it was held for the purpose of this case, and the defendant Kim Jong-ok
An election for public office is a representative of the Association of Happy Crimes, the organizer of the Association, and a party who makes such a statement.
No liability for a crime of violation of restriction on contribution prescribed in Article 115 of the Act shall be avoided.
(C) Whether Defendant 1 conspireds with Defendant 1
Defendant Kim Sung-so, on the part of Defendant Kim Jong-so, took an intermediate part in Defendant Kim Jong-so’s remarks
1. Along with the fact that she was a member of the board of directors, who was a member of the board of directors of the board of directors.
After all, the appointment of the Kim Jong-soo is not open to the end, or is not a separate letter of personnel.
There was only a passive boom that occurs on the job, and there was a public contest in the statement of the defendant Kim Jong-so.
I argue that there is no provision.
It is only to host an event for the mobilization of large-scale public interest, such as the music conference of this case.
The public relations for those who wish to be a candidate is expected to be interested in the world and the effect of public relations is greater.
, however, an event that is open to the public is placed under the special surveillance of the controlling authority.
If it is clear that the election would be held in violation of the election law, whether or not the election would be held or not.
It is expected that there is a possibility that eligibility can be restricted by conviction itself.
It can not be denied even if it is.
Defendant ○○ is larger than other candidates for the instant case at the time the music meeting was held.
As a result, the election of a large number of lanes is held as a result of showing the advantages of the width.
It can be seen that there is a need to enforce a method that is likely to be controlled due to the violation of the election law.
(2).
실제로도 피고인 성○○이 이사장으로 있는 ▣▣장학재단은 선거법위반이 문제되
At any time, the question was presented on the Seosan Line whether or not there was a violation of the Election Act;
In the case of the Korean Music Council of this case, the election commission of this case may ask questions on the preference of the public officials on several occasions.
Along with the criticism of this case, the music conference posters, etc. of this case showed a large number of anti-competences.
의 홍보물에는 ▣▣장학재단의 후원 사실이 기재되지 아니하였고 , 진행 시나리오에서
In the Do, it is shown that there is a trace of omitting the order of personnel management or commemorative history of the defendant ○○○'s sexual team.
In addition, at the time of the music conference of Eul, the president, who is the director of the Seosan Line's instruction division at the time of the music conference of this case, shall lead to the Y
합회 사무실을 방문하여 현장지도를 하였고 , 음악회 당일에는 선거부정감시단원들과
At the same time, the field was visited and punished for enforcement activities.
In light of these circumstances, support for Defendant 1, as well as Defendant 1’s chief executive officers,
Statement of Kim at the music conference site where many people are likely to mixed with them;
The purpose of this study is to make a speech that seems to publicize the sexual ○○ like the above, in advance.
Nor can it be deemed that the Defendant’s sexual ○○ was false. Therefore, it cannot be deemed that the Defendant’s sexual ○○ was false.
It is difficult to say that Defendant ○○ does not simply have predicted Defendant Kim Jong-ok’s remarks in advance.
If the defendant ○○○ was unable to make a solicitation and went through a passive manner, he or she shall keep him or her from doing so.
It is difficult to evaluate that he/she participated in a public contest or an act of speaking in an ancient Kim Jong-do.
Therefore, the defendant who committed a religious act as well as the sexual ○○, and the defendant who did not commit any act of participation.
No criminal liability may be taken in relation to the remarks of Defendant Kim Jong-young.
(4) Sub-decisions
As examined above, each of the individual grounds cited by the court below of this case A
A music meeting was held in a manner that can be presumed to have been donated by Defendant ○○.
The defendant's sex is not sufficient to be seen, and even if comprehensively considering each of the above individual grounds, the defendant's sex
It is difficult to evaluate that ○ was used to presume that the donation was made by the donor.
C) An event that is held for Defendant ○○○ in connection with the election due to other circumstances.
Whether it is recognized (whether Article 114(1) and Article 115(3) of the Public Official Election Act are applied or not)
원심은 서산시 · 태안군 지역에서는 2004년부터 ▣▣장학재단의 ' 가을음악회 ' 가 개
The election of the 19th National Assembly member is not held and five months is not held and the Ga music meeting of this case is held.
substantial persons, such as securing contributions necessary for the holding of the Defendants, and the provision of equipment for holding the Defendants.
In light of the fact that most of the enemy and material resources were provided, the above music conference election is held.
In relation to this, it is considered that the circumstances held for the purpose of sexual ○○○, a candidate, were significant.
However, the facts charged in this part of the facts charged in collusion with the defendant Kim-○, Kim Jong-young
A reasonable amount of admission fees shall be re-scheduled for free performances to residents in the area of Seosan-si and Taean-Gun, etc. in many Seosan-si.
An act of making a contribution by offering a benefit in the mountain, and the direct election relation is directly made;
At the time of the music conference of this case, the statement made by the defendant Kim Jong at the time of the music conference of this case was only made by the defendant Kim Jong, and above.
As seen in the above, there is no basis to see that Defendant 1, 1, 2, or 3 was involved in this act.
As above, the above Defendants actively participated in the preparation process for holding music meetings.
The sole fact is that the above defendants make a contribution to the election for the defendant's sexual ○○.
It cannot be deemed that there was a significance or a overall public contest with Defendant Kim○-○.
In addition, the court below held that the Eul music meeting of this case was a significant circumstance to presume the election relation.
The time and place of the meeting are used, which results in several times prior to the opening of the music conference of this case.
어진 ▣▣장학재단의 선관위 질의 내용에 모두 전제된 것들이고 , 이 사건 가을음악회
Pursuant to the purport of the Preferred 7) that took place prior to the holding of approximately three months prior to the holding, the foregoing purport is as follows.
Holding a music meeting in the form of sponsoring at the time and at the place shall not itself prohibit;
Therefore, the election of the instant A music Meeting is held by the lower court, based on the above circumstances cited by the lower court.
Even if the relevance is recognized, the purport of Defendant Sung-○○, Kim Jong-young’s reply to the first executive branch
It is deemed that there is a justifiable reason to believe that an act of trust and good faith does not constitute a crime.
and may not be liable to the Defendants. 8)
In addition, the music meeting of this case was held for the purpose of Defendant sexual ○○ with respect to the election.
There is no other circumstance to see that there is no other circumstance.
D) Comprehensive Review
In full view of the above review, the crime No. 1 of the holding of the court below is as follows.
agency may determine.
(1) Defendant Kim Jong-tae, through the holding of the instant music conference, planned candidates for the election.
A person may be entitled to make a contribution for the defendant ○○○, and the conclusion thereof is the same.
The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
shall not be subject to this subsection.
(2) Defendant 1, Defendant 1, Defendant 1, and Defendant 1, Defendant 1, Defendant 2, and Defendant 1, Defendant 2, and Defendant 1
Nor may be deemed to have participated in a limited contribution act, or even if so, such an act is recognized.
There is a justifiable reason to believe that the Do does not constitute a crime.
Therefore, this part of the facts charged against Defendant Sung-○○, Kim Jong-young, and △ Scholarship Foundation is an offender.
Criminal procedure can be deemed as a case where there is no proof of fact or it does not constitute a crime.
It should be judged not guilty pursuant to Article 325 of the Act, and contrary to this part of the facts charged.
The lower court found the Defendants guilty on charges of misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
The error affected the conclusion of the judgment.
(3) Accordingly, the argument on this part of the Defendant’s Sung-○○, Kim Jong-young, and △ Scholarship Foundation is with merit.
Defendant Kim Jong-hoon's assertion is without merit.
B. The crime in Article 2 of the judgment of the court below (the provision and receipt of profits related to the election campaign against the defendant's new knife, knif
For the purpose of this section:
1) Defendants’ assertion
A) Defendant Kim Jong-Un, on the premise that the principal would settle the case later, is in fact about △△△△ prior to the election campaign worker, and this is in fact.
In addition, it was said that it was oil oil paid at a lux gas station, and that it was oil paid at the same gas station.
only to the other election campaignmen or volunteers, and to the other election campaignmen or volunteers, they called that they will oil in the oil station.
In fact, there is no room for other election campaigners or volunteers, and the defendant Kim-○ and the preceding △△△△△, this fact-finding.
With regard to the fact that the ▽△△ is a gas station at a lux gas station, the fact that the gas station is gas station at the free will, and that the gas station was gas station at the lux
is the same.
B) The election campaign manager at the Sung-○ election campaign office, Kim Jong-tae or accountant in charge of accounting, and the defendant Shin Madle tyle
른주유소에 선거운동원들의 개인차량에 대한 주유를 부탁한 사실이 없고 , 피고인 신◎
◎은 늘푸른주유소에 선거법이 선거비용 지출을 허용하는 연설대담용 차량 및 홍보차
The volume of vehicles (hereinafter referred to as "permissible vehicles under the Election Act") and the personal vehicles of the election campaignmen who do not so.
A request for the separate calculation of the oil expenses, and the payment of the oil expenses is made.
Under the macroscopic Law, there was an intention to pay only the oil cost for the permitted vehicle.
C) Accordingly, Defendant Kim Jong-be, and knives were provided or provided with profits equivalent to oil expenses.
There was no doubt, and there was no contestation.
2) The lower court’s determination:
In full view of the following circumstances, the lower court: Defendant Kim Jong-so, and Maternal ○○ Election Campaign Office
Defendant Kim with the knowledge that the election campaign workers and volunteers pay oil expenses on behalf of them;
on credit to the election campaign workers and volunteers under his management.
Defendant Madle Madle Madle can pay for this, and offer a profit equivalent to the fuel cost in collusion.
At the same time, it is reasonable to judge that the defendant Kim Jong-tae received such benefit, and that it received such benefit.
Accordingly, all of the facts charged are found guilty.
A) At a lux gas station, "in respect of any motor vehicle that has been in the Sung-○ election campaign office", the oil is paid to such motor vehicle.
(1) A vehicle that had been located in an election campaign office without asking whether it is not a three-wheeled vehicle;
It seems that it is due to the contact that the amount of oil would be harmful to the amount of oil, and it seems that it is due to the oil driver's license.
An election campaign worker or volunteer who is not a listed vehicle, if only speaks that the oil would be harmful;
There is no reason to undermine the oil of vehicles.
B) Defendant Kim Jong-tae had to pay back the name of his office “Seong ○○ Election Campaign Office” at a lux gas station.
Royn oil paid to other election campaign workers, and the oil paid to them on credit from the oil station to the others.
It seems that he would have done such act at will without understanding on the side of the election campaign office.
In addition, if Defendant Kim ○-○ had acted with the intent to bear oil expenses, then he did so.
It has expressed, in any way, any such intention to the lux gas station, or has made such an objection; or
There is no indication previously expressed, and actually cancellation of the settlement of oil expenses for election campaign workers and volunteers;
There is no fact that the prosecutor settled it before the search and seizure of the prosecution.
C) A group of election campaign workers and volunteers who are on credit in a lux gas station.
the name of the election campaign office on credit with the name of the office on credit to the lush gas station, "h" means "h"
If the horses were not heard, "referring to "highly," which has been in an election campaign office of sexual ○○, and has been on credit;
there is no change in this section.
라 ) 피고인 신◎◎은 2012 . 4 . 11 . 유류비를 결제하면서 사장 이▷▷에게 " 유세차량
If the fuel expenses for the vehicle are to be paid separately, the vehicle other than the vehicle for the vehicle for the use of the oil has been paid.
I suggest that it had been known that it had been known that it had been in fact.
마 ) 당시 이▷▷은 계산을 하면서 그 근거로 성○○ 선거사무소에서 온 차량의 모
The order list stating the main oil content of this case was delivered to Defendant 1, and the above order list was issued.
(1) At the time of carrying a vehicle into the Gu, it shall be prohibited that the main oil for the vehicle other than that of the vehicle has frequently been paid.
Although it can be known, Defendant Shin Man Man Man Man Man Man
(1) settlement on the full amount of the subscription provided that all the particulars of the subscription are provided for by the United Vehicle.
It is difficult to think that it would have made it.
바 ) 유세차량 이외의 차량에 대한 주유비의 결제가 취소되었다면 , 이▷▷으로서는
The details of the election campaign workers and volunteers who have oiled to receive the settlement of their oil expenses shall be identified.
보하는 것이 일반적일 텐데도 , 이▷▷은 주문내역표를 돌려받는 등의 조치를 전혀 취
Along with the fact that he was not an election campaign manager at the Sung-○ election campaign office, he demanded the repayment only to Kim Jong-young.
사 ) 피고인들의 변소에 부합하는 증거로 이▷▷ , 한◁◁의 이 법정에서의 진술이 있
고 , 그들은 한◁◁이 김□□으로부터 선거사무소의 유세차량에 가면 기름을 넣어달라
는 말을 듣고 이를 이▷▷에게 전해주었으나 , 매출을 올릴 생각으로 유세차량과 그 이
Vehicles in the Sung-○ election campaign office without distinguishing vehicles from other vehicles, and all of the vehicles involved in the Sung-○ election campaign office
However, their statements are made by the prosecution that correspond to the facts charged.
In comparison, there is no consistency, and there is no persuasive reason for the reversal of the statement.
It is not possible to prepare a customer card after receiving a telephone from Kim Jong-gu.
It is difficult to believe that the statements of the Do are made because they are not consistent with each other.
3) Judgment 9)
A) Defendant Kim ○-○ voluntarily settled the credit payment of election campaigners and volunteers.
Whether the intention was intended
(1) As to Defendant Kim ○-○'s external care behavior
Defendant Kim Jong-so, before the instant case, does not have any volume of credit oil at a lux gas station in the middle of the instant case.
In addition, there is no entry of oil in the oil station above the election campaign period and there is no amount of oil paid, and there is no amount of oil paid.
B At the same time, today has been working in the Sung○○ Office. "I have dealt with the credit while speaking, I have done his/her external sales."
The details of the award shall be the exclusive customer card for the election campaign office made at the request of the election campaign manager Kim Jong-tae.
성○○ , 사무실 : 667 - XXXX , 전화번호 010 - 5×XX - XXXX , 김□□ " 이라고 기재됨 ) 에
Defendant Kim Jong-uri directly signed each other’s credit records (Evidence No. 2503 to 2506 of the evidence records);
2646면 ) . 또한 피고인 김소은 늘푸른주유소 사장 이▷▷과 외상거래를 하기로 별도
There was no agreement (Evidence No. 2513 page) and did not have a separate account book for one’s credit.
Defendant Kim Jong-uri, on the ground that he had been on credit in the above manner, was on the election of Sung-○.
It is not anticipated that the office will substitute the payment at the place of the office, but it is not at the lux gas station during the election campaign period.
in order to confirm that the election campaign office had worked for a certain period of time in which oil has to be put into the Republic of Korea, "
(Evidence No. 2646 of the evidence record), but this is not so persuasive.
In light of the above facts, Defendant Kim ○ is the principal expenses at the side of the election campaign office.
It is reasonable to deem that it was expected to make a lump sum settlement, and it is reasonable to make a self-payment of credit oil expenses.
It is difficult to see that it was intended.
(2) As to the words and actions against the election campaignmen of Defendant Kim Jong-dong
Defendant Kim Jong-uri, who is designated by us, to the △△△△, before the election campaign, constitutes an election campaign.
As a oil station, when using an individual vehicle, it is called "in this place" by inserting oil therein.
As recognized, (Evidence No. 2428, No. 2514), the former △△△△△, and the ▽△△△△△△, all of which are currently recognized, shall be included in (Evidence Records 2428
there is no word that it causes oil, and other election campaigners in the above gas stations how other election campaigners do so.
I vindicate that it is not possible to identify whether the oil was put in.
그러나 전△△ , 이▽▽에 앞서 선거운동원인 김▲▲도 늘푸른주유소에서 외상주
fact that ○○○○ Election Campaign Office has signed the customer card (Evidence No. 2505 pages, 2531)
Myeon) and Defendant Kim Jong-Un, an election campaign worker, including this △△△△△, are outside the station of a large amount of △△△△△.
with knowledge that the principal oil and the entry is made in the customer card of the establishment of the Sung-○ election campaign office.
In light of the fact that he did not restrain it (Evidence 2514 No. 2514 of the evidence record), Defendant Kim Jong-si
LOOO Election Campaign Office nameed by Sung-○○ Election Campaign Office at the same time in the entire election campaign workers
such terms and conditions as it may be deemed to apply.
In addition to these circumstances, the election is held with the position of Defendant Kim○-○ as the head of the election countermeasure headquarters.
The former △△△△△ is an individual who has been in charge of the management of mobilization and the former △△△△△△
was stated that the oil was included in the election campaign office upon use (Evidence record)
2429 also supports the above trend.
( 3 ) 이▷▷의 입장
늘푸른주유소 사장 이▷▷ 역시 선거운동원 및 자원봉사자들의 외상주유에 관하
only the back number of the vehicle and the personal information shall be signed and signed, and the personal information shall not be separately stated.
Until now, the local election campaign worker and volunteers are reimbursed for the expenses of the external election campaign worker and volunteers on the side of the Seongbuk ○ election campaign office.
The defendant's new knives anticipated to do harm, and the defendant's new knives cancelled the settlement of oil oil expenses on April 30, 2012.
음에도 외상장부에 ' 조성 ' ( 성○○을 의미 ) 이라고 기재하면서 여전히 ▣▣장학재단 측
There was no expectation that such reimbursement will be made.
이러한 사정은 , 설령 이▷▷이 선거운동원들로 하여금 성○○ 선거사무소를 빙자
It is permitted to allow only one external milk to be asked in advance by the election campaign manager Kim Jong-si or accountant in charge.
Even if not in accordance with this section, at least during the election period, a person who has used the above gas station at a minimum.
I suggest that there was a mutual agreement with the deceased Kim Jong-so.
(4) The reasons for the post-payment by Defendant Kim Jong-ok
Defendant ○○ also has a monthly share until seizure and search took place on June 1, 2012, and the note above the monthly share until the seizure and search took place.
A person who listens to the fact that the above payment of the cost of oil has been subject to an accident without paying the cost of oil.
Only new gas supply cost was settled (Evidence No. 2654).
Defendant Kim Jong-so, one of his and his election campaigners, was on credit, and as a result, Defendant Shin.
In regard to the payment of clocks, the Minister of Maritime Affairs and Fisheries shall hear the clocks from Kim Jong-tae, and clocks
The defense that it had not been paid for the period of time, but (Evidence No. 2521 No. 2521 of the evidence record) is eventually such
The statement itself is expected that the defendant Kim Jong-so will pay for the principal expenses on the side of the Sung-○ election campaign office.
The support only is to support the fact that there was.
(5) As to the phrases written by Defendant Kim Jong-tae
Defendant Kim Jong-so has signed in his name and had another vehicle with limited liability.
Kim Ha-won stated the phrase "" on the principal's note in the principal's card.
this was later aimed at calculating the amount to be settled by the person himself. This was a defense to the effect that this was made.
However, it is confirmed that the election campaigners are responsible for the credit cards after confirming such card.
확인하였으면서도 이▷▷에게 선거운동원들의 외상주유를 금지시키거나 또는 별도의
The customer card shall be compiled, or the credit payment shall not be made to election campaign workers in the name of the election campaign office.
Defendant Kim Jong-hoon did not pay attention to the election campaign office to the election campaign workers
by giving instructions to the credit host in the name of the election campaign office or impliedly, so that it may be settled on the side of the election campaign office
It is only a circumstance that can be seen as having been limited.
(6) Taking full account of the above circumstances, Defendant Kim Jong-so's personal credit oil of election campaigners.
It is difficult to see that it was intended to pay expenses, and it is expected that it will be settled on the side of the Sung-○ election campaign office.
of the election campaigners may be deemed to have permitted the credit payment of the election campaigners.
B) Whether the Defendant’s Madern oil was asked in advance, and whether the Defendant’s Madern oil was found to have been found to have been used
Whether it was known that only the expenses were paid or not.
( 1 ) 아래와 같은 내용의 이▷▷ ( 늘푸른주유소 사장 ) 의 검찰 진술 ( 증거기록
According to the 2725 to 2726 pages), Defendant Shinbre, on April 11, 2012, 201, was paid with oil expenses.
In addition, it shall be known that the credit payment expenses of election campaign workers and volunteers are included.
such settlement shall be deemed to have been made in full.
(1) Defendant Madlebal dumsium “Acknife the difference between the scam and the ordinary vehicle.”
The calculation was made by dividing the tax amount of KRW 1, 196, 00 for the lux vehicle, KRW 4,645, and KRW 00 for the ordinary vehicle.
(2) The fact that he/she directly receives the oil value for a vehicle not related to the election;
At that time, the Defendant’s new knife did not speak. 10)
③ Defendant Shin Madil had an oil card examined and calculated the oil card while settling the payment.
(4) Although the amount of trauma oil was initially KRW 5,819,000,000, Defendant Shinbreckn's knives.
22, 00 won milk of crude oil and to pay total of KRW 5,841,00, including its expenses.
shall be memoryd.
(2) Judgment on the defense of the defendant's new knife
(A) The election expenses from the State on April 11, 2012 by phone to the gas station in the luxle of April 11, 2012
A vehicle for speech or interview (taxed vehicles) and expenses that are easily preserved but are not covered by election expenses;
고해야 하는 홍보차량 주유비를 구분하여 달라고 한 다음 이▷▷이 계산한 총액만 확
There is a vindication that the person in charge of accounting was counted as a debit card respectively, but he is found to have been responsible for accounting as a person in charge of accounting.
을 전혀 확인해 보지 않고 결제를 하였다는 것은 납득하기 어렵고 , 이▷▷에게 유세차
A change that did not verify the details of a request for classification into quantity and promotional vehicle;
No person may be able to receive the name of the member.
(B) The Defendant’s new knives can easily conceal oil expenses for vehicles other than the U.S. vehicle.
In addition, there are circumstances that the payment for election expenses by debit cards, which are revealed as to whether the payment is made.
Although it is alleged that there was no intention to do so, such circumstance alone alone leads to the above determination.
Insufficient.
(3) In full view of the above circumstances, Defendant Shin Man-man, an accountant in charge of an election campaign office, is an election campaign boat.
A lump sum settlement shall be made with the knowledge of the fact that mobilization and volunteers had been on credit.
may be deemed to have been held.
(C) comprehensive review;
In full view of the circumstances examined above, Defendant Kim Jong-si is an election campaign worker and volunteer service worker.
As the head of the election countermeasure headquarters who manages persons, an election campaign office for election campaign workers and volunteers;
명의로 외상주유를 하도록 지시하고 , 이에 관하여 늘푸른주유소 사장 이▷▷과의 양해
Defendant 1, an accountant in charge of election campaign office, Defendant 1, an election campaign worker, and volunteers
It is recognized that the settlement has been made at once with the recognition of the credit alcohol.
그밖에 피고인들이 자신들의 변소에 부합하는 증거로 제시하고 있는 것들 ( 이▷▷ ,
한◁◁의 원심 법정진술 등은 원심이 적절히 설시한 바와 같은 이유로 믿기 어렵거나
They are not enough to reverse such recognition.
Therefore, the above facts charged against Defendant Kim Jong-so, and Madernum can be found guilty, and the above facts charged can be found guilty;
The lower court’s determination that determined the same conclusion is erroneous or misunderstanding the legal doctrine, thereby adversely affecting the conclusion.
There is no error of law that affected the conclusion of the judgment, and this part of the defendant's new knives and knives argument is justified
(2).
C. As to the non-guilty part of the judgment of the court below (the point of contribution to the Kim○-○ individual)
1) The judgment of the court below
원심은 ① 충남방범연합회가 2011 . 12 . 8 . ▣▣ 장학재단에 " 2011 . 10 . 10 . 부터 연중
Pursuant to the sisterhood Convention for the Promotion of the Development of Local Community, the youth leading business is intended.
The amount of 10 million won shall be paid for oil expenses, banners, bags, simplifieds, etc., and the amount of 10 million won shall be subsidized.
보호 선도 캠페인 자금 지원 요청의 건 " ) 을 보낸 사실 , ② 이에 ▣▣장학재단은 2011 .
12. On December 12, 198, remitted KRW 10,000,00 to the account in the name of defendant Kim ○, the president of the Association of Chungcheongnam-gu Crime.
Recognizing the facts, Defendant Sung-○, and Kim Jong-young on the grounds of the following circumstances:
In collusion with Defendant Kim ○-○, this part of the public prosecution on the premise that he provided KRW 10 million to Defendant Kim ○-○
The room judged that the certification is insufficient, and judged not guilty.
(1) The settlement of accounts, investigation reports (Attachment to the articles of association, etc. of the Association for Crime Prevention of Chungcheongnam-do) of projects leading to juveniles in South and North Korea
The account in the name of the above Kim ○ is stated in the passbook as "the Association of Cheongnam-do, Chungcheongnam-do."
In fact, the Association of Chungcheong and South Korea established its articles of incorporation and made decisions, including the general assembly, based on its articles of incorporation.
The executive organs, such as the Chairperson, Vice-Chairperson, the head of office, director general, and secretary general, shall have the organization of the executive organs, and the change of members.
It is judged that the association still exists and has the substance as an association regardless of progress.
(4) The fact that the Association of Chungcheong Telecommunications has received subsidies from organizations other than theO Scholarship Foundation.
The subsidy received from Cheongnam-do shall be transferred to another account in the name of the Association of Cheongnam-do.
However, in addition, Samsung Electronic Co., Ltd., KRCRS Rural Corporation, Korea Minting Corporation, Cheongnam Office of Education, etc.
A subsidy received from a person may be recognized as having been remitted to the account in the name of the above Kim.
In full view of the above circumstances, the account transferred in the above KRW 10 million shall be Kim Name.
It is the account used by the Association of Happy Crimes, but only the evidence submitted.
It is difficult to view the above account as an individual account used by Kim Jong-si.
② As to the above-mentioned 10 million won support, the appointment of the president of the Defendant Kim Jong-si for the project already terminated.
기 만료일인 2011 . 12 . 31 . 직전에 이루어졌고 , ▣▣장학재단에서는 이외에 충남방범연
Defendant at the time of the transfer of the above KRW 10 million by ○○○, without any support from the Joint Association, and Defendant
The members of each regional crime prevention group, such as Kim Young-chul, participated in each regional crime prevention group meeting, and the defendant Kim Jong-ok's election
거사무소의 선거대책위원장으로 일하였다는 사정만으로는 , ▣▣장학재단에서 위 1 , 000
It is not sufficient to recognize that the defendant Kim Jong-so remitted the money to be used individually, and the month;
there is no evidence to acknowledge this.
2) Determination of the immediate deliberation
Examining the above judgment of the court below in comparison with the records, we affirm that such judgment is correct.
In this regard, there is no illegality that affected the judgment by misunderstanding the facts.
Therefore, the prosecutor's assertion of misconception of facts and misapprehension of legal principles is without merit.
3. Judgment on the ancillary charges added at the trial
A. Addition of the ancillary charge
A prosecutor shall, for the first time in the trial, primarily prosecute the facts charged under the above 2. C. 1 of the previous facts charged.
In fact, the facts charged are as follows: (a) make contributions to the Federation of Happy Crimes; and (b) make contributions:
In addition, an application for amendments to Bill of Indictment was filed by this Court, and the judgment was given by this Court.
The subject was added.
B. Summary of the conjunctive charge
1) Defendant Sung-○○, Kim Jong-young, Kim
Defendant Sung-○, Kim Jong-young, and Kim Jong-dong in collusion, and Defendant Kim Jong-dong on December 8, 201, Defendant Kim Jong-dong on December 8, 201.
10,000,000 won under the name of the Federation for youth guidance to the Scholarship Foundation in the name of the Federation;
Accordingly, Defendant Sung-○ is based on the business agreement entered into with the Association of Chungcheongnam-gu on October 4, 2011, on the basis of the business agreement entered into with the Federation of Chungcheongnam-gu.
Defendant Kim Jong-chul shall have the Dog pay the money to the Association of the Hag-gu Crime, and Defendant Kim
on December 12, 2012, 201, the name of the subsidies for the juvenile guidance project to the Association of the Happed Crime (hereinafter referred to as the “Mapped Crime Prevention Association”).
under this title, 10,00,000 won (hereinafter referred to as "the subsidy of this case") from an account under the name of the O Scholarship Foundation.
The transfer was made to the account in the name of the defendant Kim Jong, which was used as the account of the Association of Haak-gu Crime.
Accordingly, as to the 19th election of the National Assembly members in collusion with Defendant Sung-○○, Kim Young-gu, and Kim Jong-gu
For the purpose of sexual ○○, a person who wishes to be a candidate, made a contribution to the Association of Happing Crime.
2 ) 피고인 재단법인 ▣▣장학재단
The defendant, a chief director, ○○, and director Kim Jong-young, as mentioned above, with respect to the defendant's business
A violation was committed.
C. Defendants’ legal actions
1 ) ▣▣장학재단의 이 사건 지원금 지급은 ▣▣장학재단 이사장인 성○○의 이름을
not in such a manner as to be able to be able to be able to see or be able to see that the election
○○ was not supported for a prospective candidate.
2) The Association of Cheongnam-do Association is an organization related to the entire area of Chungcheongnam-do and also an area of Seosan-do, Taean-do.
An organization in the Gu, or an organization with the electorate of Seosan, Taean, and is not a related organization.
3) Defendant 1 did not receive a prior report on the payment of the instant subsidy.
Since it was unaware, there was no contestation.
4) The case in which the instant subsidy was paid to the Federation of Happy Crimes was regularly paid.
적 행위에 해당하거나 , ▣▣장학재단의 목적사업 수행을 위한 정당한 업무상 행위 ( 직무
a contribution that is prohibited by the Public Official Election Act, as an act for relief, relief, or self-stocking;
subsection (1) of this section.
D. Determination
1) Whether it can be viewed as money and valuables provided for a person who wishes to be a candidate in connection with the election.
Whether or not
A) Whether a person intended to become a candidate or not
Defendants 19 at the time when the Defendant ○○ paid subsidies for the instant youth leading project.
There is no intention to participate in the election of National Assembly members, and therefore, it cannot be viewed as a "person who wishes to be a candidate".
The argument is asserted.
A person who intends to be a candidate under Article 114 of the Public Official Election Act shall be expected to leave the election in the case of "a person who intends to be a candidate".
person who has filed an application for success in a political party or received a recommendation of a candidate from a general elector;
not only persons whose candidate's will is definitely expressed, such as punishment for one activity, but also persons whose identity is;
In light of the words, behavior, etc. subject to contact, it can be objectively recognized that the person has an intention to run for election.
Supreme Court Decision 201Do168 Decided March 10, 201, etc.
§ 5).
Defendant ○○ is classified as an ex-postman from around 2004 in accordance with the guidelines of the frontline.
Unlike previous years, the music conference was not held in the area of Busan and Thailand, but on the side of the front line.
the press has not raised any objection thereto, and from the spring of 2011, it has already been made to the press.
마평이 오르내리고 있었으며 ( 증거기록 2511면 ) , 위에서 본 바와 같이 ▣▣장학재단이
Before holding the music meeting of this case, the music meeting of this case is held on the Dosan Cable on several occasions before holding the music meeting of this case
In light of the fact that the meeting is in conflict with the election law, the Defendant’s sex
○ objectively recognizes that the instant person had an intention to run for an election at the time of the music conference of the instant case.
As such, the Defendants’ above notes should be deemed to have reached the level of time.
We cannot accept this Chapter.
(b) whether money or valuables have been paid for a person wishing to be a candidate or any donation thereof;
whether a method to presume is used (the deemed provision of section 114(1) of the Public Official Election Act)
The applicability of the Act)
Defendants: (a) the Defendant’s support money of this case directly ○○ or Defendant’s sexual intercourse on the envelope.
(1) The manner in which the name of the depositor is entered or the name of the depositor is deposited into the name of the defendant ○○.
취하지 아니하고 ▣▣장학재단 명의의 계좌에서 충남방범연합회의 계좌로 계좌이체 하
money or valuables paid for a person who wishes to be a candidate on the ground that the person was paid in the manner
contribution in such a manner as to be presumed to make a contribution by a person who wishes to be a candidate;
I asserts that it does not have been made.
However, the election measures against the defendant Kim Jong-ok, the representative of the federation of Chungcheong South Korea, after the election of the defendant Kim Jong-ok
As much as he/she is appointed as the chief of the headquarters, he/she was between the defendant sexual ○○ and his/her money-free, and the representative of the Association of Chungcheong and South Korea.
on October 4, 2011, the sisterhood alliance agreement with the Association of Chungcheongnam-gu and the “Convention for the Promotion of Community Development”
(OU) The term "(hereinafter referred to as "sisterhood alliance agreement") was led to the conclusion of the sisterhood alliance agreement, and the above sisterhood alliance.
Pursuant to the Convention, it is also critical to commission Defendant ○○ as the adviser of the Association of Chungcheongnam-gu Crime.
In addition, the defendant Kim Jong-ok asked the relationship with the defendant Sung-○ at the prosecutor's office.
The president of the Sung-○○○○○○○○ is the chairman of the Gannam Company which currently engages in the construction business, and the construction business of low-level.
하고 있고 , 또한 ▣▣장학재단을 설립하여 20년 동안 운영하고 있는 사람으로 저와는
There is a difference between the two people known individually before the example and known individually. The statement "," is so stated (Evidence Records)
2642) It is reasonable to view that the relationship between the defendant Sung-○ and the scholarship foundation was well known.
of this chapter.
In full view of the above circumstances, the defendant Kim Jong-ok, the representative of the Association of Chungcheong and South Korea, O
A scholarship foundation absolutely causes the support of Defendant Sung-○ and its affiliated companies operated by the scholarship foundation
as a matter of course, it is deemed that the scholarship foundation was aware of its dependence, and therefore, the name of the scholarship foundation.
Subsidies shall be presumed to have been donated by Defendant Sung-○, a person who intends to be a candidate,
The Public Official Election Act shall be deemed to be a method in which such act is available. In addition, the Public Official Election Act
According to the latter part of Article 114(1), the act of granting the subsidy of this case is a candidate with respect to the election.
(1) shall be deemed to be a contribution act under subsection (1).
C) Whether it constitutes a contribution act for Defendant 1’s sexual intercourse with respect to election (Article 15(1) of the Public Official Election Act)
14 Whether the general requirements provided for in paragraph 1 are met or not
The term "election" means a ship which does not carry out an election campaign for the election, even though it is not for the election.
It is sufficient to say that it is related to the election in question, such as motiveing or borrowing.
Supreme Court Decision 96Do405 Decided June 14, 1996 and Supreme Court Decision 2008Do4492 Decided August 11, 2008
see, see, e.)
A project already terminated even if according to the official letter requested by the Association of Chungcheongnam-gu Crime Prevention;
That is why the principal is requested, so it is de facto that it is a subsidy for juvenile leading business.
목에 불과하였고 , ▣▣장학재단으로서도 그 명목을 크게 중요하게 생각하지는 않았던
I seem to have seen that the payment of the instant subsidy remains for 4 months until the election of National Assembly members.
was made at the time of leaving, and in addition to the subsidy of this case, whether or after the transfer.
There is no example for the subsidy to be paid under any name.
In addition, the Association of Chungcheong and South Korea shall be any organization or group in the constituency as follows:
As an organization with a resident of the Republic of Korea, it has a significant influence on the area of Seosan and Thailand; and
Defendant 1, who is the prospective candidate, need to maintain a decent relationship with the above federation.
It seems that it appears that it is.
On the other hand, as seen earlier, the Association of Chungcheongnam-gu and the Association of Chungcheongnam-gu as seen above
악회를 주관하여 결과적으로 피고인 성○○이나 ▣▣장학재단을 홍보하는 데 도움을
The representative of the defendant Kim ○, a representative of the defendant Kim ○, will take charge of the head of the election countermeasure headquarters of the defendant Sung-○.
As long as Defendant ○○ appears to be a firm person to contribute to the election of members of the National Assembly, the member shall be:
According to the evidence duly adopted and examined by the court, Defendant 1 was actually supported by Defendant 1
A number of circulars held by organizations affiliated with the Happing Association before and after the payment of the amount;
and it is recognized that the person had an opportunity to expand the guidance.
In full view of these circumstances, it is not based on the latter part of Article 114(1) of the Public Official Election Act.
Do It can be recognized that the subsidy of this case was paid for Defendant Sung-○○ with respect to the election.
(2).
D) Acknowledgement of illegality (Misunderstanding of Law)
앞서 본 이 사건 가을음악회와 관련된 서산선관위 회답은 , ▣▣장학재단은 이사장
subsection (1) and (3) of this section, unless it is presumed that the name of the
In addition, it is possible to support community service organization events.
위 선관위 회답의 취지에 따르면 , ▣▣장학재단의 명의로 지급하는 것 자체를 문
The subsidy in this case also shows the name of the chief director, etc.
는 방법이 아닌 방법으로 , 즉 , ▣▣장학재단의 명의로만 지급되었으므로 책임을 물을
There is room to see that there is no possibility.
However, in the above reply, the phrase " regardless of the election" is stated in the above reply, and as above the above.
As such, there are circumstances in which the subsidy in this case cannot be deemed to be irrelevant to the election, and further
The answer of the Magsan National Assembly is not simply referred to the Magsan Scholarship Foundation's Association.
Using the general name of "regional service organization", questioning as to whether it is possible to subsidize the expenses therefor.
As seen above, Defendant Kim Jong-ok, the president of the Association of Chungcheong and South Korea, is merely a reply to this issue.
As such, it is sufficiently presumed that the candidate would be due to the special relationship with the defendant ○○.
It is reasonable to recognize that the defendants did not constitute a crime under the above reply.
(2) If such action is deemed to have been brought, the court shall
Therefore, the above defendants cannot be held liable for the defendants due to the above defendants' answer.
The Defendants’ assertion cannot be accepted.
2) is an organization in which the Association of Happy Crimes is involved with the electorates or electorates in the constituency;
Whether or not
(A) Whether an entity is located in the constituency;
Public Official Election Act Article 112(1)(1)(hereafter referred to as the "party to contribution" in the election district concerned.
person who has his domicile or residence in the constituency and temporarily stays in the constituency as well as persons who have his domicile or residence;
The concept includes a person (see Supreme Court Decision 2007Do7205 decided Nov. 16, 2007, etc.).
C) The Association of Chungcheongnam-gu shall, at the time of the grant of the instant subsidy, have the office located in Seosan-dong at the time of the grant.
Since there is no doubt about the establishment of an organization in the election district.
Defendants may have jurisdiction over the area within the constituency, whether the Defendants are an organization in the constituency.
3. The grounds for such determination should be determined on the basis of whether such determination was made;
(2).
B) Whether it is an organization with the electorate
'Person who has a relationship with the electorate' means the family, friend, friend, friend, workplace, and friend of the electorate in question.
Having a certain blood-related and human relationship, such as subordinate or native folks society, alumnis society, friendship society, etc.
Possibility that it may directly or indirectly affect the decision-making of the electorate;
(1) The term “person” means a person under the jurisdiction of the court, regardless of the reason for establishing such relation (Supreme Court Decision 96 delivered on November 29, 1996)
Do500 (see, e.g., Supreme Court Decision 500).
The Association of Haak-gu shall consist of a regional association of crime prevention of 1,00 members and up to 00 members.
of approximately 1/8 of the total number of 10,000 members of the Happy Crime Prevention Group under the Association of the Happy Crime Prevention Group.
2) The music conference of this case is closely co-ordinated with the Federation of Local Crime Prevention in Seosan and Thailand in holding the music conference of this case.
In addition, as seen above, there was considerable influence on the Seosan/Tan area by itself, such as tide, etc.
At the time of the payment of the subsidy of this case, the office was located in the Seosan-si, Seosan-si, and the representative.
Defendant ○○ also has an address in the Seosan area and engages in construction business focusing on the above area.
The Commission had had significant influence on the area of Western, such as serving in the register of the Association of Crime Prevention in the Seocho-si.
Since it is recognized that such defendant Kim Jong-chul was led, the electoral federation is the electoral person.
may, directly or indirectly, affect its decision-making; provided that
It is reasonable to see that a body, i.e., an organization with the electorate and a related organization.
3) Whether there was a public contest by Defendant MaO
A) Requirements and methods for the establishment of a public contest relationship
In the case of co-offenders who commit a crime in conspiracy with two or more persons, the conspiracy shall be legally
Joint execution of a crime, not required to be imposed, directly or indirectly, between accomplices;
When there is an implicit communication with respect to the case, it is sufficient, and there is no direct evidence, and there is no circumstantial fact.
Supreme Court Decision 2002Do868 Delivered on June 28, 2002, etc.
[Reference] .
B) Possibility of public offering through the discussion of the board of directors
▣▣장학재단 부이사장 김▼▼은 검찰에서 , 2011 . 11 . 19 . 경 피고인 성○○이 참석
한 ▣▣장학재단 이사회에서 자매결연 협약 체결에 대하여 보고가 이루어지면서 1 , 000
I stated to the effect that it was a de facto discussion to support the source (Evidence record)
Above 1382 up to 1384 pages).
김▼▼은 원심 법정에서 위와 같은 검찰 진술 내용을 번복하여 사전에 그러한 이
A statement that there has been no social discussion, but the prosecutor's office re-examines the same content.
Statements made to the effect that certain statements are reliable, but rather, in the court, statements made to the effect that such statements are reliable.
It is difficult to believe that the testimony in the court is believed because the reason for reversal is not open to the court.
게다가 피고인들에게 우호적인 태도를 보인 위 김▼▼은 원심 법정에서 이 사건
The subsidy shall be reported to Defendant ○○, and it shall not be executed by the chief director after the death of the president.
the record of the public trial (490 pages 490).
이러한 김▼▼의 진술은 피고인 성○○도 미리 이사회 논의를 통하여 이 사건 지
It is a direct evidence that can be seen as a public offering for the payment of principal.
(C) the course of remittance ( through Gyeong-nam Enterprises);
Statements by the investigative agencies of Defendant Kim Jong-tae, by the court below and the court court of a party branch, and by the prosecutor's office of the Haak-dong branch
을 종합하여 보면 , ▣▣장학재단의 상근이사인 피고인 김□□은 피고인 성○○이 회장
10,000,000 won, by facsimile, has been sought to pay the 10,000,000 won to the Gyeongnam Enterprise Office, and shall be the Gyeongnam Enterprise.
The fact that a transfer of KRW 1,00,000 has been made and remitted to the Association of Chungcheongnam-gu Crime, and that the transfer has been made as it is, the above office of secretary;
비서팀장 임▶▶은 피고인 성○○의 국회의원 당선 이후 그의 국회의원 보좌관으로 임
It is recognized that the name of the defendant has been clarified. Such a light assisting the defendant's sex ○ in the nearest.
The final decision making on the payment of the subsidy of this case through the business secretariat of South Korean enterprises is made.
In the process, the fact that the defendant's sex ○ intervenes in the process is a flexible circumstance.
(d)the existence of substantial decision by the vice-chief director and the board of directors;
피고인들은 이 사건 지원금이 예산범위 내의 일반적 지출에 해당하여 ▣▣장학재
단 상근이사인 피고인 김□□이 부이사장 김▼▼의 결재를 받아 집행한 것이라고 주장
하나 , 김▼▼은 사실상 예산의 지출과 관련하여 전혀 결정권이 없는 상태였으므로 ( 증거
기록 1381 ~ 1384면 ) 11 ) , 김▼▼의 승낙을 얻어 그러한 지출이 이루어졌다고 볼 수는 없
On the other hand, the subsidy of this case is regularly generated, such as personnel expenses, public charges, and other regular support payments.
in light of the fact that money has been paid to it, whether it was made within the scope of this budget.
was decided to pay without the approval of the decision-making authority of the foundation even if such payment was made.
보기 어렵다 ( 김▼▼도 원심 법정에서 , 피고인 김□□이 중요한 사항으로 사전에 자신에
report is made by testimony that the payment of the above subsidy would be reasonable, and the subsidy would normally be paid.
Recognizing that it is an unprocessed matter.
그런데 ▣▣장학재단이 충남방범연합회와 자매결연 협약을 맺음에 있어서도 상근
이사인 피고인 김□□은 이사장인 피고인 성○○의 지시를 받아 부이사장 김▼▼ 에게
대리서명을 부탁한 바 있고 , 김▼▼은 서명 당시까지 자매결연 협약이 이루어지는지
The board of directors made no knowledge of whether or not and of the contents thereof, and the board of directors resolution
사후추인 형식으로 이루어져 ( 김▼▼의 원심 법정 증언 , 공판기록 474면 ) , ▣▣장학재단
its decision-making is actually made by Defendant ○○ and is made by Vice-Chairperson or the Board of Directors.
It indicates that there is no authority in quality.
또한 증거로 제출된 ▣▣ 장학재단의 이사회 회의록들을 살펴보면 대부분의 내용이
In order to ratification the agenda submitted by the chief director, a new agenda shall be presented or presented.
There is no content that the agenda is required to be revised, supplemented, or rejected. Moreover, there is no difference between the Defendants.
The board of directors, even in the case of alcohol, has been in progress by telephone calls, as such;
It is difficult to expect that substantial discussions will be held by the board of directors, in fact,
▣장학재단 이사회가 이사장인 피고인 성○○에 의하여 지배되고 있음을 알 수 있다 .
따라서 ▣▣장학재단의 실질적 의사결정권자는 ▣▣장학재단의 설립자이자 이사장
It is reasonable to regard the Defendant as Defendant ○, who is the Defendant, as Defendant ○○. Furthermore, the instant subsidy is regularly paid.
It is not money or valuables that have been recovered, but the amount is at least 10 million won, and re-as seen earlier.
Provided, That the board of directors has been punished, etc., the right to decide on the foundation in the process of granting the subsidy in this case
It is an important circumstance to confirm that the intention of the defendant ○○ has been involved.
E) The details and meaning of Defendant 0’s commission of adviser by Sung-○’s Sung-nam Association
▣▣장학재단은 2011 . 10 . 4 . 충남방범연합회와 자매결연 협약을 체결한 바 있고 ,
Based on the above sisterhood alliance agreement, the Association of Chungcheongnam-gu Crimes has caused Defendant 1 to become the adviser of the Association of Chungcheongnam-gu Crimes.
Defendant ○○ also commissioned as an adviser. Financial assistance to be given to Defendant ○○ as such
It does not deny the meaning of the request (1357 pages 1357).
On the other hand, as seen earlier, with respect to the instant A’s music meeting even prior to the grant
one budget was fully paid on the basis of the above sisterhood alliance agreement, and the subsidy of this case also was paid.
The fact that payment was made on the basis of the above Convention is indirect ratification of the involvement of the defendant ○○
The circumstances may be the circumstances.
F) Recognition of public offering relations
In full view of all of the above circumstances, the payment of the subsidy of this case is made to Defendant Sung-○ and Defendant.
A prior consultation has been made between Kim Jong-young, or the head of Sung-○ shall give instructions to Defendant Kim Jong-young.
recognized as having been made.
4) Whether it constitutes a provision excluding contribution acts
A) Public Official Election Act regulations
Article 12 (Definition, etc. of Contribution Act) (1) For the purpose of this Act, the term "contribution act" means an act of providing money, goods, or other proprietary benefits to the electorate and to the institutions, organizations, facilities, and electors, or to offer them, even though there is any meeting or event held or event held by such persons in the constituency concerned, or to the institutions, organizations, or facilities outside the constituency concerned. (2) Any act falling under any of the following subparagraphs, notwithstanding the provisions of paragraph (1), shall not be deemed a contribution act.
(b) Acts to offer foods of a kind of meal within the ordinary limits to the representatives of political parties or persons on duty who attend the meeting of party executives (referring to the meeting at which executives of a local government above the unit of Gu, Si, Gun, and high-ranking executives equivalent to ten times the number of Si/Do parties attend the meeting) of party executives attending the meeting of party executives at the meeting of party executives at the time of coming to the meeting (referring to the meeting where executives of a local government above the unit of Gu, and those of a high-ranking executives at the meeting equivalent to five times the number of City/Do parties attend the meeting of party executives at the meeting of party executives at the time of coming to the meeting of party executives at the meeting of such political party or the meeting of party executives at the expense of such political party: Acts to offer foods and drinks of a political party to the representatives of affiliated Gu/Si/Gun council members at the expense of a political party or the representatives of affiliated Gu/Si/Gun council members at the expense of a political party;
Any act of providing money or goods to the representatives or staff members of a political party (including the representative of a City/Do party in the case of the representative of a central party) who belong to the relevant political party within the ordinary limits or when his/her lineal ascendants or descendants are married or deceased; any act of offering courtesy gifts at the expense of a political party within the scope of an organization or day for memorial services; any act of offering money or goods belonging to the relevant political party within the scope of ten days before the election day, such as money or goods paid by any public institution or facility; any act of offering money or goods belonging to the relevant political party within the scope of the ordinary ceremony of the persons who have rendered distinguished services to the State; any act of offering money or goods within the scope of ten days before the election day; any act of offering money or goods belonging to the relevant political party by the representative or staff members of an organization or any other similar institution or organization; any act of offering such things within the scope of ten days before the election day;
1. Offering courtesy gifts to the executives and employees of local governments at the latest, New Year's Day, New Year's Day, anniversary of the establishment of a new political party or the names of facilities in accordance with their own business plans and budgets; Granting awards (excluding prizes; hereafter the same shall apply in this item) within the scope of courtesy events at the organizations or organizations (excluding private meetings, such as native folks society, relatives' society, alumni association, club or fraternity's meeting, etc.) or within the scope of money and goods offered to candidates within the scope of ordinary ceremony events or events for the promotion of public interest of Eup/Myeon/Dong or higher-level local governments pursuant to the provisions of the National Basic Living Security Act;
(e) Providing subscriptions or relief money and goods to any State agency, local government, press organization, religious organization, or other corporation or organization established with the permission of a State agency or local government: Provided, That where such institution or organization performs charity and relief projects, offering them by indicating an official title, name or the name of a political party belonging thereto in individual goods provided or packaging thereof shall be excluded;
(e) Acts and subordinate statutes to provide money or goods or other property benefits under the name of the State agency or local government or its budget in order to solve urgent pending issues; (f) Acts and subordinate statutes to Filiants, Filiants, exemplary citizens, mailmen, etc. within the jurisdiction of the State agency or local government; (f) Acts and subordinate statutes to provide consolation money or goods to street cleaners, verbal members, newspapermen, and mailmen within the election district; or (f) Acts and subordinate statutes to provide free civil petition counseling services to the relevant political party; (d) Acts and subordinate statutes by the National Assembly members and local council members; and (d) Acts and subordinate statutes to provide them with free consultation on their own specialized fields, such as Acts and subordinate statutes or medical services by persons holding specific qualifications prescribed by such Acts and subordinate statutes, such as attorneys-at-law and doctors; (d) Acts and subordinate statutes; and (e) Acts and subordinate statutes to provide them with life-time services or election campaign speechmakers and employees related to such persons, other than acts under Article 14 (2) 7;
2. A company, corporation, or organization in which a candidate or his/her family member has a relation with a candidate or his/her family member, falling under any of the following subparagraphs:
B) Interpretation method of the above Article
Article 112(1) of the Public Official Election Act provides money, goods, etc. falling under Article 112(2) of the same Act
by the National Election Commission Regulations and the Commission based on such paragraphs,
(b) Activities for official duties or activities enumerated as permissible as ordinary political party activities:
Unless otherwise, the organization of crimes under Article 257(1) of the Public Official Election Act, which punishs violations of the prohibition of contribution acts.
applicable to the requirements: Provided, That the contribution act is a courtesy as provided in Article 112(2) of the Act;
B. Even if it does not constitute an act on duty or ordinary political party activity, it is extremely normal
It is one of the forms of living which is historically created within the scope of social order.
, if applicable, a kind of formal or official act or ordinary political party activity;
There may be cases where illegality may be removed because it does not violate social rules, but such cases may be applied.
It should be prudent to recognize the rejection of illegality due to the reasons (Supreme Court Decision 9 April 9, 2009).
209Do676 decided Feb. 1, 200
C) Whether the act constitutes a courtesy act under the Public Official Election Act
"Foundation or fund established for public interest" in Article 112 (2) 2 (d) of the Public Official Election Act.
Money and other valuables which have been regularly paid for four years before the election day according to the purpose of its establishment;
act is excluded from the act prohibited donation, and the defendants are ordered to do so by △ Scholarship Foundation.
Since before the year, other social organizations have been supported in accordance with the articles of incorporation, the subsidy of this case has been provided under the above law.
claim that the act constitutes an exception to the act of contribution.
그러나 이 사건 지원금 이전에 ▣▣장학재단이 충남방범연합회에 청소년선도사업
In light of the fact that there was no money or valuables provided as a subsidy, this provision provides for this.
money paid on a regular basis.
D) Whether an act constitutes an official act under the Public Official Election Act
피고인들은 이 사건 지원금의 지급이 ▣▣장학재단의 정관이 정한 목적사업 범위
The Act on the Election of Public Officials(hereinafter referred to as the "Act on the Election of Public Officials")
It is argued that it constitutes an act not considered as a contribution act.
Contributions made by the Defendants under Article 112(2)4 of the Public Official Election Act
The list is mainly providing for the functions of state agencies or local governments;
(i) In the case of a candidate-related corporation, the term "salvbage, table table, mail board, etc. for business activities";
Class B business of promotional materials (excluding those on which the name, title, or photograph of a candidate is indicated) in the name of the candidate.
distributed to the Board or a limited scope of transaction parties, relevant agencies, organizations, and facilities necessary for business activities, or zero;
In addition to the business activities, the act of providing free lectures within the scope of the enterprise's business;
It is recognized that it is an act that is excluded from the contribution act, and that it is the ancillary charge.
The act of paying money to a third party by a candidate in accordance with the purpose of the articles of incorporation.
The Defendants’ act of paying the instant subsidy is not excluded above. Accordingly, the Defendants’ act of offering the instant subsidy is a public election.
It is reasonable to view that the act does not constitute an official act under Article 112 (2) 4 of the Act.
E) Whether the act constitutes an act of relief or charity under the Public Official Election Act
Article 112 (2) 3 (e) of the Public Official Election Act shall be referred to as "social organizations that supervise and implement self-employed enterprises."
Offering subscriptions and relief money and goods (hereinafter referred to as "contribution act") that is not deemed as a contribution act;
One example is the example.
Defendants shall be given social salaries, such as 'Juvenile Happiness' and 'Weppy patrol activity' by the Association of Happy Crimes.
Since private activities are mainly engaged in, it constitutes a self-employed organization, and the subsidy of this case is above Ma
The author argues that it falls under the category of ‘contributable subscriptions' as defined in the item.
However, the self-help project is mainly based on religious and moral motivations and is an ancient, sick, or old-mar.
J. The Public Official Election Act refers to a social project for the purpose of remedying for the public interest.
Article 112(2)(3) of the 'Remedial or charitable act' is listed as an object of 'Remedial or charitable act'.
(a)(a) and (b) of an accommodation facility established by the Corporation; and (c) of a person suffering from a disaster due to a natural disaster;
The term "persons with disabilities" (c) , 'persons with severe disabilities' (d) , 'boys and girls' '(f) , 'boys and girls' 'boys and girls ', 'boys and girls ' ' ' ' ', '
(g) Attendance at a free school of "persons who have rendered distinguished services to the State, persons who have rendered distinguished services to the State, senior citizens without will, persons who are able to be able to be able to attend a meeting, persons who have died in a
working youth (h) and mainly persons in peril with urgent financial difficulties and danger of beneficiaries, such as working youth (h).
or any agency that cares for them is applicable.
In light of the purport of the above provision, 'Juveniles who are engaged in activities by the Chungcheong Association’
social service activities, such as ‘satisfy patrol activity', ‘satisfy patrol activity', are or are prescribed in any of the following items:
It is difficult to evaluate as equivalent (see Supreme Court Decision 2007Do735 delivered on April 13, 2007).
Therefore, it is a social organization that has a federation of the Chungcheongnam-gu Crime and supervises and implements the self-help activities under the Public Official Election Act.
As such, this case’s subsidy cannot be deemed to be a subscription money under Article 112(2)3 (e) of the Public Official Election Act
no goods can be considered as goods.
F) Whether illegality is excluded as acts that do not violate social rules
As seen in the above legal principles, the payment of the subsidy of this case violates social rules.
For the reason that it is reasonable, caution should be taken to eliminate illegality.
However, the amount of the subsidy of this case is the higher amount of KRW 10 million, and whether the subsidy of this case is the above amount.
organization of which class may have an influence on the election, for a period of four months after the election day.
It does not violate social norms in that it was conducted at a time close to the school.
The legal nature cannot be justified.
5) Comprehensive Review
In full view of the circumstances examined above, the ancillary charges against the Defendants shall be amply prepared.
(2) The defendant may be found guilty.
4. Determination on the assertion of unreasonable sentencing
The remaining Defendants, except Defendant Shin Madle, shall be reversed in accordance with the foregoing.
Since there was no judgment on the argument of unfair sentencing, the determination on the sentencing of the defendant's new knife is omitted.
(2) The following shall be determined:
Election is the basis of democracy, which seriously damages the fairness of election.
The act must be thoroughly eradicated, and the defendant's new knife shall be the accountant in charge of the election campaign office.
in light of the fact that the responsibility imposed to secure the fairness of such election has been prevented;
In this regard, it cannot be said that the possibility of criticism for the payment of oil is low.
On the other hand, however, the above substitute payment was made at a compensatory level for actual expenses.
It is not against many and unspecified voters, but against volunteers inside an election campaign.
It is intended for election campaign workers, which has a relatively significant impact on the election.
The interest provided by means of cancelling a card settlement within a relatively short period of time is final and conclusive.
on the other hand, volunteers, including Defendant Kim, and election campaigners not belonging to them;
It is reasonable to take into account the circumstances, such as the fact that the perception of illegality cannot be deemed to have relatively significant.
Defendant 1’s age, character and behavior, living environment, degree of participation in the crime, circumstances of the crime, and number of crimes
Provided, That there are various conditions for sentencing as shown in the records and arguments, such as methods, attitude of trial, etc.
In full view of the circumstances, the sentencing of the lower court on the Defendant’s new knife is too unreasonable.
Therefore, among the judgment of the court below, the argument about the sentencing of the defendant's new knives is justified.
The prosecutor's assertion is without merit.
5. Conclusion
가 . 피고인 성○○ , 김□□ , 김소 , ▣▣장학재단에 대하여는 검사가 당심에 이르러
Inasmuch as the Additional Preliminary facts charged were found guilty, the judgment of the court below against the above Defendants is added.
It is no longer able to be maintained.
B. The appeal against the defendant's new knives is reasonable.
C. Accordingly, the Criminal Procedure Act regarding Defendant Sung-○○, Kim Young-si, Kim Jong-si, and Scholarship Foundation is applicable.
Pursuant to Article 364(2) of the Act, with respect to the Defendant’s new knives
Each of the above shall be reversed, and each of the above judgments shall be rendered as follows:
Criminal facts
Defendant Sung-○ is an election district in Taean-si in the 19th National Assembly member election implemented on April 11, 2012.
An incorporated foundation from 1991 to 100, which has been elected as a candidate upon the recommendation of the Free Election Party.
▣▣장학재단 ( 이하 ' ▣▣장학재단 ' 이라 한다 ) 의 이사장인 사람 , 피고인 김□□은 2012 .
2 . 경까지 약 19년 동안 위 ▣▣장학재단의 사무국장 , 상근이사 , 이사로서 ▣▣장학재단
에 상근하면서 ▣▣장학재단의 실질적인 사무를 처리하였고 , 위 국회의원 선거기간 동
An election campaign manager at the above Sung-○ election campaign office, who was working as an election campaign manager at the above Sung-○ election campaign office.
Persons who are assistant officers, Defendant Kim Jong-so, up to December 201, the heads of the autonomous crime prevention teams of the Sis/Guns in Chungcheongnam-nam, respectively, by December 201.
A person who was in office as the president of the Association of Autonomous Crime Prevention in Chungcheongnam-Nam, a meeting of the Association, and thereafter ○○.
The Chairperson of the Joint Election Measures, who works as an volunteer, is disadvantageous to the Chairperson of the Joint Election Measures, and is in charge of the management of election campaign workers.
A person, Defendant 1, or Defendant 1 had worked as an accountant in charge of the above ○○○ election campaign office;
▣장학재단은 위 성○○이 1991년 학자금 지원 , 문화 · 학술 사업 지원 등을 목적으로
is a corporation established.
1. Violation of prohibition and restriction on contribution act by Defendant Kim Jong-han
An officer or employee of a corporation related to a person who wishes to be a candidate shall be the relevant election before the election period.
for a person who wishes to be a candidate, all contributions shall not be made for the person who wishes to be a candidate, in addition
No person who intends to become a candidate in connection with an election shall make contributions for a person who intends to become a candidate.
(1) No one shall also receive contributions from a person, in respect of an election, from whom contributions are restricted;
(b) No solicitation or demand shall be made for contributions.
Defendant Kim Jong-so is a person who wishes to be a candidate for the election of the 19th National Assembly member.
For B: 19 on November 3, 201: From 00 to 21 on December 3: 201, Seosan-si 110-1, Seosan-dong 110-1
Dogsan-si Sports Facilities Management Office in the Seogsan-si Sports Facilities and the Association of Chungcheongnam-do Residents' and Fishermen' Sports Center;
명의로 ' 가을음악회 ' 라는 명칭의 음악회를 진행하여 김△△ , 김 ① , 한 ▲ ▲ , 김 , 문
▷ , 최▶ , 박 ◁ ◁ , 김 이▷▷ , 장► ► 등 다수의 서산시 · 태안군 지역 주민 등
약 2 , 000여명에게 개그맨 김￭■ 의 사회로 인기가수 박 , ￭■￭ , 정 , 윤미 ,
테너 박ㅁㅁ가 출연하는 무료공연을 관람하게 하여 시가 미상의 관람료 상당의 재산상
A contribution act was made in a manner that provides profits.
2. Violation of the provisions prohibiting the provision of benefits related to the election campaign;
Anyone shall not be required to provide allowances, actual expenses, etc. prescribed in the Public Official Election Act.
No money, valuables, or other benefits may be provided or received in connection with the movement.
(a) Providing profits equivalent to the cost of oil;
Defendant Madle Madle Maddong and Kim Jong-ok, and election campaign workers at the Sung-○ election campaign office including Defendant Kim Maddong;
Volunteers used personally or in connection with an election campaign during the election campaign period;
With respect to vehicles, the oil expenses shall be paid at the oil station used by the election vehicles, and the oil expenses shall be paid on the election day.
Since then, a public invitation was made at the end of the year.
As a result, Defendant Kim ○ shall be the election campaign workers and volunteers listed in the attached list of crimes.
○ In a lux gas station located in the Dong-dong in Seosan City where a lux vehicle for an election campaign office is situated.
The gas station shall be able to oil, and the Defendant’s new knick oil station on April 11, 2012 shall be knicker’s oil station on April 11, 201.
in calculating the oil cost of the above election campaign office, the list of offenses listed in the judgment of the court below
Election campaign workers and volunteers, such as re-election campaign workers, personal or election campaign during the election campaign period.
§ 3, 412, 000 in total for oil oil oil oil paid and not paid in connection with this section, ○○
It is calculated as a lump sum by the debit card of the member.
As a result, Defendant 1 had 14 workers and volunteers of ○○ election campaign office.
With respect to an election campaign, the benefit equivalent to 3, 412,00 won shall be provided, and the defendant Kim Jong-ok shall be entitled to the above knives
in collusion with section 735,00 of the above amount less than 735,000 won which he received.
2, 677,00 won were provided to election campaign workers and 13 volunteers.
(b) Receiving profits equivalent to the oil cost;
Defendant Kim Jong-so is a volunteer of the above election office and is a crime committed in attached Form in the judgment of the court below.
§ 5,7707 used individually or in connection with an election campaign, such as the table 6
The fuel cost of 735,00 won for coos car, as described in the above A, shall be from the above coostonus as described in the above paragraph (a).
The same amount of interest has been received by substitute payment.
3. Contributions under the pretext of subsidies for guidance to juveniles;
The facts constituting the crime in this part are as stated in Section 3-b. of the judgment on the grounds of appeal.
Summary of Evidence
1. Defendants’ respective legal statements
1 . 증인 이▷▷의 일부 법정진술
1. Examination protocol of suspect against Defendant Kim ○-○
1. A certified copy of the prosecutorial examination of △△△△;
1 . 이▷▷에 대한 각 검찰 진술조서
1 . 재단법인 ▣▣장학재단 법인등기부등본 , ▣▣장학재단 조직도 , ▣▣장학재단 홍보
Video posts and CDs
1. On April 30, 2012, the details of the account transaction in the name of ○○○ bank, the heating customer card, and the lux gas station.
A copy of the credit account book, account books, a lux gas station settlement statement, and a detailed statement of each individual's oil supply;
1 . 방범대 · ▣▣장학재단 협약서 , 청소년 보호 선도 캠페인 자금지원 요청 건 , 충청남
The case of a request for a subsidy for a juvenile leading project in the Do;
Application of Statutes
1. Relevant Articles of criminal facts;
A. Defendant ○○○, Kim Jong-tae: Article 257(1)1 and Article 114(1) of the Public Official Election Act; the Criminal Act
Article 30. Selection of each Fines
(b) Defendant Kim-○: Article 257(1)1 of the Public Official Election Act and Article 115 (Restriction on Prohibition of Contribution Act)
Article 230(1)4, Article 135(3) of the Public Official Election Act and Article 30 of the Criminal Act (Election Campaign)
Article 230(1)6 of the Public Official Election Act (the receipt of benefits related to election campaign)
(2) Each of the following subparagraphs:
(c) Defendant Madle Maderns: Articles 230(2) and 230(1)4, and 135(3) of the Public Official Election Act;
Article 30. Selection of Fines
라 . 피고인 재단법인 ▣▣장학재단 : 공직선거법 제260조 제1항 , 제257조 제1항 제1
title, section 114(1)
1. Aggravation for concurrent crimes;
Defendant ○○: the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act
1. Detention in a workhouse;
Defendant ○○, Kim Jong-tae, and knives: Articles 70 and 69(2) of the Criminal Act;
1. Suspension of execution;
Defendant Kim Jong-si: Article 62(1) of the Criminal Act
1. Collection;
Defendant ○○: proviso to Article 236 of the Public Official Election Act, and Article 230
1. Order of provisional payment;
피고인 성○○ , 김□□ , 신◎◎ , 재단법인 ▣▣장학재단 : 각 형사소송법 제334조
Paragraph 1
Reasons for sentencing
1. Defendant Sung-○, Kim Jong-young
[Determination of the type] Contribution Act in violation of the prohibition of and restriction on contribution to an election
【Special Convicted Persons】
- Aggravationd elements: previous and (Defendant Sung ○○)
- Mitigation elements: where the other party complies with the affirmative requirement;
[Determination on Recommendation] Basic Area (Defendant Sung-○○), Reduction Area (Defendant Kim Jong-tae)
[Scope of Recommendation Form]
Defendant Sung-○○: one million won to five million won
Defendant Kim Jong-tae: 500,000 won to three million won
[Scope of applicable sentences] 50,000 won to 10,000 won
2. Defendant Kim Jong-tae
(a) Class 1 crime: A point of holding a music meeting;
[Determination of the type] Contribution Act in violation of the prohibition of and restriction on contribution to an election
【Special Convicted Persons】
- Aggravations
Where money, valuables or benefits provided are large;
Where a crime is committed against an unspecified or many other parties;
【Determination of the recommended Area】 Special Priority Area
[Scope of Recommendation] 8 months to 3 years
[Scope of applicable sentences] One month to five years
(b) Second offense: The point of receiving the subsidy for the juvenile leading project; and
[Determination of the type] Contribution Act in violation of the prohibition of and restriction on contribution to an election
【Determination of Recommendation Area】 Basic Area
[Scope of Recommendation Form] from January to October
[Scope of applicable sentences] One month to three years
(c) Third offense: Offering and receiving benefits related to election campaign;
[Determination of Type] Purchase of Election and Guidance for Understanding
【Special Convicted Persons】
- Mitigation elements
Where minor money, goods, etc. are provided or received in terms of compensation for actual expenses for election campaigns;
[Determination of the recommended Area] Reduction Area
[Scope of Recommendation Form] from January to October
[Scope of applicable sentences] One month to five years
(d) The scope of final balancing;
The aggravated total of crimes (the upper limit of crimes ＋ 1/2 of the upper limit of crimes ＋ 1/3 of the upper limit of crimes : August.
Above August 10, 200
3. Defendant Newly Inserted by Act No. 1984
[Determination of Type] Purchase of Election and Guidance for Understanding
【Special Convicted Persons】
- Mitigation elements: Compensation for actual expenses or consolation for election campaigns; minor money or valuables at a cost;
case of provision
[Determination of the recommended Area] Reduction Area
[Scope of Recommendation] One million won to five million won
3. Determination of sentence;
A. Defendant Sung-○, Kim Jong-young, and △△ Scholarship Foundation
Defendants directly relate to the music Council of the instant case, but the competent authority
For continuing questioning above and not giving rise to the violation of election law;
Social salaries are shown to be of considerable effort, and eventually, due to the purpose of the reply of the chief executive officer, etc.
It is somewhat low that the perception of violation of the overall law with respect to the financial assistance to the private organization.
Defendants in the name of the paid money within the scope of the articles of incorporation of the Scholarship Foundation.
There is no aspect that is not attributable to criticism.
In particular, Defendant Sung-○ may create a scholarship project with economic power formed through business activities for a long time.
the first place on the Social Exchange Board of the Ministry of Commerce, Industry and Energy, 12) led to the enactment of a special law for disaster relief.
The parliamentary activities of Defendant 00 who has contributed significantly to the regional development may continue in the future.
The Defendants, even though many local residents in the election district want to be able to leave the ship, are the defendants.
in favor of the parties to a contract shall not be denied. 13)
However, the election under the Public Official Election Act is a violation of the restriction on contributions that direct money or valuables are involved.
As a representative case of the category of crime which is not bad in the nature of the crime, the appointment of public office according to whether or not there is any financial power.
A public official who guarantees a fair election and is elected by excluding the unfairness of the
in order to secure stable public service activities by guaranteeing democratic legitimacy, such election criminal
The offense must be eradicated. In this case, Defendant Sung-○○ and Kim Jong-ri’s federation of the Happing Happy.
The money and valuables provided to 10,000,000 won, and the Association of Chungcheong and South Korea, which received the money and valuables, shall do so.
An area where the withdrawal of Defendant ○○ is anticipated through an incorporated organization or its subordinate organization, etc.
14) Defendant Sung-○ was located in a location to exercise a significant influence, and 14) Defendant Sung-○
In light of the fact that there is punishment power for violation of the Political Funds Act, which can be seen as the previous section, the preceding section may not be applied.
(1) Notwithstanding the favorable circumstances in this section, a value which is not able to yield the settlement of fair election culture
subsection (1) of this section shall not impose strict responsibilities on the Defendants prior to their tolerance, and may cause the Defendant.
With respect to ○, it is inevitable to invalidate the election.
B. Defendant Kim Jong-tae
Defendant Kim Jong-be was convicted of the entire election crimes charged, and due to the election.
The influence of the crime cannot be deemed small, and the fact that there was a significant active amnesty in the course of the crime.
Considering that the most severe punishment is inevitable.
However, as defendant Kim Jong-do, there is a recognition of basic illegality due to the reply of the chief executive officer.
Since there have been weak aspects, it should be considered as favorable circumstances.
C. Defendant Newly Inserted by Act No. 144
The part of the judgment on the Defendant’s assertion of unreasonable sentencing is invoked.
D. Conclusion
The above circumstances reveal the Defendants’ age, character and conduct, living environment, degree of participation in the crime, and the crime.
Records, such as circumstances, means and methods of committing a crime, attitude of trial, etc., and the conditions of sentencing as shown in the pleading;
In full view of the various circumstances, the punishment shall be determined as per the order.
Parts of innocence
1 . 피고인 성○○ , 김□□ , 피고인 ▣▣장학재단의 가을음악회 개최에 의한 기부행위제
Korea's violation
A. Summary of the facts charged
피고인 성○○ , 피고인 김□□은 김◇◇과 공모하여 , ▣▣장학재단 이사장인 피고인
Sung ○○, a director Kim Jong-young, intends to become a candidate for the 19th election of National Assembly members.
For the purpose of ○○, approximately 2,00 persons, including residents in the area of Seosan and Taean on November 3, 201, for the purpose of ○○.
'A Music Meeting' is allowed to view a free performance of 'A' and 'A' and 'A' is equivalent to the admission fee of the city.
이익을 제공하는 방법으로 기부행위를 하고 , 피고인 ▣▣장학재단은 그 이사장인 성으
○ , 이사인 김□□이 피고인 ▣▣장학재단의 업무에 관하여 위와 같은 공직선거법 위반
An act was conducted.
B. Determination
2. A. For the reasons stated in detail in the above appeal
The facts of the lawsuit constitute a case where there is no proof of the facts of the crime or it does not constitute a crime.
Innocence shall be pronounced under Article 325 of the Act.
2 . 피고인 성○○ , 김□□ , 피고인 ▣▣장학재단의 피고인 김소에 대한 청소년선도사
The violation of the restriction on contribution due to the payment of business subsidies.
The summary of this part of the facts charged against the above Defendants is as shown in Paragraph 1 of the acquittal part in the judgment of the court below.
f. The above facts charged constitute a crime under Section 2. C (c) of the judgment on the grounds of the above appeal.
In the case of absence of proof, the court found the defendant not guilty under the latter part of Article 325 of the Criminal Procedure Act;
As seen earlier, as long as a conviction is pronounced on the ancillary facts charged, a separate judgment is rendered.
No innocence shall be pronounced in the text.
Judges
Judges Lee Jae-won
Judges Lee Hyun-woo
Judges Kim Dong-dong
Note tin
1) The facts cited by the lower court are based on the evidence duly adopted and examined by the lower court.
2) The facts cited are based on the evidence duly adopted and examined by the court below and the court below.
3) Article 114 (Restriction on Contribution by Party Members and Family Members of Candidate)
(1) In such cases, making contributions by disclosing the name of the candidate or political party to which he belongs, or making contributions by the candidate or the political party to which he belongs, in his name.
A contribution act in an estimated manner shall be considered as a contribution act for a candidate or political party in connection with the election.
March 12, 2004, January 25, 2010)
Article 115 (Restrictions on Donated Acts by Third Parties)
In this case, the effect that the candidate or the political party to which he belongs makes contributions by disclosing the name of the candidate or the political party to which he belongs, or that the candidate or the political party to which he belongs
A contribution act shall be considered as a contribution act for a candidate or political party in connection with an election.
March 12, 2004
4 ) ▣▣ 장학재단 홈페이지에는 2006년 이전의 음악회들도 ' 가을음악회 ' 로 분류하여 그 포스터들을 게재하고 있으나 , 포스터의 내
용 및 ▣▣장학재단이 작성하여 보관 중이던 서류 ( 증거기록 575 ~ 576면 ) 등에 의하면 2006년 이전의 음악회들은 ' 가을음악회 '
Non-official name of Eul, 'Creroat performance' (from 1993 to 198), 'Creatat show' (from 1993 to 199), 'Creator invitation performance' (from 1999), 'Lreatatat show', 'Eliat show'.
The term "public performance by inviting the Solst (200.......)" (the term "public performance by inviting the Solst, 200)" (the term "public performance by inviting the Solst, 201.........), the term "Is national broadcasting show of Russia and traditional Ors.
Austria’s (2002...................) 'Mesatisururgurgurgurgurgurgine (2003..) 'Mesaturgurgurgine’ (2004......) 'Mesaturgurgat 'Mesatatatats & sludge.
It can be known that the Schedule (2005.) has been named as the official name.
5 ) 설령 ' 가을음악회 ' 라는 명칭으로 ▣▣ 장학재단 또는 피고인 성○○을 떠올릴 수 있다고 하더라도 , 장학재단은 이 사건 가
The circumstances under which questions are repeatedly made about whether it is possible to hold a "A" music meeting at the time of questioning on the library of the Scanda in connection with the holding of the music meeting
The names of the Defendants are fixed, and in the Seosan Line, the names of the Defendants are not discussed. As such, Ga music does not constitute a question, from the standpoint of the Defendants.
The name of the meeting is also likely to have been recognized as permitted, and such recognition should be deemed to have a justifiable reason.
6) Article 114 (Restriction on Side Activities of Political Parties and Family Members of Candidate)
(1) A political party (including a party member council under Article 37 (3) of the Political Parties Act (hereinafter referred to as "party member council") and a preparatory committee for the formation of a new political party; hereafter in this Article, the same shall apply) shall be
D. The head of a political party election campaign office, a candidate (including a person who intends to become a candidate; hereafter the same shall apply in this Article) or his/her spouse’s lineal ascendant and descendant
The spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer and debater, spouse of a candidate's lineal descendant and sibling.
1. A company in which the arbitr, candidate or his family member (referred to in Article 10 (1) 3 shall apply mutatis mutandis to the scope of family member) is related to the candidate’s family member.
Other corporations and organizations (hereinafter referred to as "company, etc.") or their officers and employees shall be elected in connection with the relevant election before the election period, and the relevant election period shall be during the election period.
No person may make contributions, regardless of whether such contributions are made or not, on behalf of the candidate or the political party to which he belongs.
Article 115 (Restriction on Side Acts by Third Parties)
Article 113 (Restriction on Contribution by Candidates, etc.)
A candidate (including a person who intends to become a candidate; hereafter the same shall apply in this Article) or political party to which he/she belongs (the preparatory committee for the formation of a new political party)
No person shall make, or have another person make, any contribution for the purpose of this Article; hereinafter, the same shall apply).
7) According to the records, the Scholarship Foundation shall hold a community service organization organized on July 26, 201, and shall hold a music meeting supported by this Foundation on July 26, 201
If a meeting is held in Seosan City, it is necessary to examine whether there is a conflict of the Public Official Election Act and ask questions, and the Seosan Line is a candidate on August 8, 2011.
The name of the chief director who wishes to be a candidate to the Music Council held by a volunteer organization prior to the election period by the public interest foundation whose president is the chief director;
The Public Official Election Act to subsidize expenses to be held regardless of the election in a manner not presumed to have been made, such as indicating that it is, etc.
When the public interest foundation establishes and implements a plan for the music conference directly, it shall not be restricted, or when it substantially supervises the music conference, such as the formulation and implementation of the plan for the music conference;
Pursuant to section 113 or 114 of the same law, "the answer has been made".
8) When the O Scholarship Foundation substantially supervises the music conference, the prosecutor gives legitimacy because it cannot be said that it has acted in reliance upon good faith.
Although it is alleged that the Defendants cannot become the actual supervisor, the meaning of ‘real supervisor' is unclear as an appraised fact, and the Defendants' acts are in substance.
It is difficult to readily conclude that it falls under an appropriate management.
19) The facts cited are based on the evidence duly adopted and examined by the lower court and the lower court.
10 ) 이▷▷은 제1회 검찰 진술조서에서 , 피고인 신◎◎은 2012 . 4 . 11 . 주유비 결제를 하면서 5 , 841 , 000원을 계산해 달라는 요구
를 받고 " 전부 계산을 해줄 수 없다 . 일부는 기름을 넣은 사람들에게 받아라 . " 라고 말하였고 , 이에 이▷▷이 " 내가 그 사람들
because he did not know that he would receive the oil value of the people, or because he would be put in the personal office.
In the end, the defendant stated that he had settled with a debit card under the name of ○○○○, but (Evidence Record 2714 pages) and the second prosecutor’s statement made by the prosecutor
In the letter, the above statements were reversed.
This seems to result in confusion between the situation at the time of the settlement of alcoholic beverage, April 11, 2012, and the situation at the time of cancellation of the settlement. However, this seems to result in confusion on April 30, 2012.
There is no change in the statement that the defendant's new knives had been settled with the knowledge of the fact that the vehicle other than the knives vehicle was exposed to the external wound.
11 ) 김▼▼은 검찰에서 이 사건 지원금의 지급에 있어 자신이 결정한 바 없고 피고인 김□□으로부터 사실상 통보를 받은 것일
It was recognized that he did not have the right to make any decision, but the court of the court below reversed the above statement and jointly with the defendant Kim Jong-chul.
The testimony was made as to the decision (No. 481 of the trial record). However, the above statements were reversed, but they were presented from Defendant Kim Jong-young.
The case at issue was testified that there was no exception of the above subsidies (No. 491 page of the trial record), and the reasons why the entire purport and reversal of such a statement was made; and
김▼▼ 이 천안에 거주하고 있어 서산시에 위치한 이 장학재단의 운영에 깊숙이 관여할 수 없었고 , 실제로도 재단 사정에 밝
지 못했던 점을 종합해 보면 , 위 번복된 원심 법정증언은 믿기 어렵고 , 사실상 김▼▼은 직함이 부이사장이었을 뿐 재단 사
It is reasonable to view that no substantial decision has been made with respect to absence of any right to make a decision.
12 ) ▣▣장학재단이 공익단체임을 표방하지만 피고인 성○○의 정치활동을 위한 일종의 사조직적인 성격의 단체라는 검사의 주
It is difficult to accept the chapter as it is, and it is difficult to accept the defendants' reasonable penal assessment on the election crimes in this case.
하지만 , 이로 인하여 20년 이상 지속되어 온 ▣ 장학재단의 공익활동 전체가 과도하게 폄하되는 것도 바람직하지 아니하다 .
13) Therefore, the punishment of a fine is appropriate, since imprisonment with prison labor that involves the restriction on the right to participate in official duties for the ten-year period is harsh to the Defendants.
It is judged to be advanced.
14) In detail, 600 members of the Seogsan Autonomous Crime Prevention Group among 11,00 members of the Chungcheong Autonomous Crime Prevention Association and 600 members of the Seogsan Autonomous Crime Prevention Group, as stated in the main sentence of this Article, and 14
The number of members of the RateN shall be 400, and the representative Kim Jong-Un shall be a business entity with an interest in Seosan, and the office shall also be located in Seosan-si.
(2).