206Gohap471 A. Violation of the Political Funds Act

B. Violation of the Public Official Election Act

1. (a)(b) 0.00: the Secretary General of the Democratic Party;

Housing Eunpyeong-gu Seoul Metropolitan Government 2 Dong 327 - 84

Permanent domicile Daejeon Seo-dong 154 - 9

2. (a)(b) the biggest 00, and a party;

Housing Kim Jong-si 1030 - 3 Jinsu apartment 202 Dong 1203

A permanent domicile Kim Jong-si, sexual virtue 636

Freeboard

1. For the defendant 00

Attorney Lee Won-sung

Law Firm Two

Attorney Clinical-soo in charge

Law Firm Hank, Law Firm

Attorney Kim Jong-young in charge

Attorney Park Ho-hwan

Attorney Kim Young-jin

2. For the maximum of 0:0

Law Firm Rated Village

Attorney Park Do-young in charge

Attorney Lee Jae-in

Attorney Cho Jong-sung

September 7, 2006

Defendants shall be punished by imprisonment for ten months.

The 140-day detention days prior to the pronouncement of this judgment shall be included in the above sentence against Defendant 00, and the 132-day detention period shall be included in the above sentence against Defendant 00.

However, for a period of two years from the date this judgment became final and conclusive, the execution of the above punishment against Defendant 1 shall be suspended.

Seized gambling (cash 400 million won, No. 2) shall be forfeited from Defendant 00.

Criminal facts

Defendant 0 is a member of the National Assembly of the 16th Democratic Party, who is serving as the Secretary General of the Democratic Party from October 2005, and Defendant 0 is the maximum of 00, while preparing to leave the Kim Jong-gu market.

3. A person registered as a preliminary candidate for the Kim Jong-do market on April 19, 19. A person who wishes to be a candidate for public office is prohibited from engaging in a contribution act regardless of the pretext, and anyone may not contribute or receive political funds in relation to the recommendation of a specific person as a candidate for public office, notwithstanding the fact that he/she is not able to contribute or receive political funds in relation to the election of the candidate for public office, the Governor of the Central Party or the Governor of the Democratic City on April 1, 2006, when the election of the Kim Jong-do market was held on May 31, 2006 and his/her candidate is decided to be elected as a candidate for public office, while the method of confirmation of the candidate is not determined, the President of the Central Party or the Chairperson of the Democratic City on April 1, 2006, 000, 000, 000, 000, 000, 000, 16, 206, 200, .

1. Defendant 00

A. On April 206, at the same time, Defendant 00 million won was offered to the 4 billion son's Democratic hotel located in Yeongdeungpo-gu Seoul Metropolitan City by requesting the above 4 billion Won to make a contribution of Defendant 1 to the 00 billion son's son's Do, and at the same time, Defendant 40 billion son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's 1000 billion.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police interrogation protocol against the Defendants

1. Each police statement of 00, 00, 00, 00, 00 each police statement;

1. Seizure records;

Application of Statutes

1. Article applicable to criminal facts;

Articles 45(2)5 and 32 subparag. 1 of the Political Funds Act: Defendant 00 under Article 257(2) of the Public Official Election Act: Articles 257(1)1 and 113(1) of the Public Official Election Act

1. Contributory concurrence (Defendant Maximum 00);

Articles 40 and 50 of the Criminal Act (Punishments imposed on a crime of violating the Public Official Election Act, which is more severe than the Character of Crimes)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes (Defendant 00);

Article 37 (Aggravation of Punishment for Violating Political Funds Act)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Code

1. Suspension of execution (Defendant 00);

Article 62(1) of the Criminal Act

1. Confiscation (Defendant 00);

Judgment on the Defendants and defense counsel’s arguments under Article 45(3) of the Political Funds Act

1. Violation of the Political Funds Act;

The Defendants and the defense counsel asserted that the Defendants paid special party membership fees of KRW 400 million within a democratic sense that the Defendants received the special party membership fees of KRW 400 million from the perspective of helping Defendant 0 to pay the special party membership fees in a democratic sense, regardless of whether they were the candidate for the Kim Jong-ran market at all, regardless of the public nature.

In light of the following circumstances, i.e., ① Defendant 00, a democratic party-related person, as well as Defendant 1’s early 00,000 won, appears to have served as a candidate for the Kim Jong-market, but there was no public opinion poll officially conducted as a part of the examination, ② Defendant 00,000 won was provided to Defendant 1’s early 00,000 won, and Defendant 40,000 won was not the same as that of the above evidence, and Defendant 40,000 won was not the same as that of the above evidence, and Defendant 40,000,000 won was the same as that of the above, and Defendant 40,000 won was not the same as that of the party membership fee, and Defendant 4,000,000 won was not the same as that of the above, and Defendant 4,000,000 won was the same as that of the above political fund.

2. Violation of the Public Official Election Act;

The defendants and defense counsel argue that the act related to ordinary political party activities under Article 112 (2) 1 (b) of the Public Official Election Act does not constitute a contribution act by a member of a political party in accordance with the party constitution regulations and other internal regulations of a political party. The defendants claim that since the defendants exchange 400 million won to a democratic party for the purpose of paying the special party membership fee, it cannot be a contribution act under the above provisions.

Article 5 (3) of the party membership fee provision for a democratic party provides that "The person who pays the special party membership fee, the standard amount and other necessary matters shall be determined after consultation with the representative meeting." According to the evidence submitted by the prosecutor and the defense counsel, there is no fact that the representative of the democratic party decided to receive KRW 400 million as the special party membership fee from 00 million to 400 million as the special party membership fee after consultation with the representative meeting, and it is recognized that the defendants agreed to pay the amount of KRW 400 million to 100 million at will. Thus, the payment of KRW 00 million cannot be deemed as the act of paying the party membership fee or other charges to the members of a political party pursuant to the party constitution, party regulations, and other internal regulations of the political party, so long as the provision of political funds in relation to the recommendation for a candidate for public office is punished under the Political Fund Act, such criminal act cannot be deemed as an act related to the ordinary party activity permitted under the Public Official Election Act. Accordingly, the defendants and defense counsel's allegation in this part cannot

Grounds for sentencing

1. The old political practice in Korea, which received political funds in return for the recommendation of Defendant Cho Jong-soo 00 candidate, is going against the demands of our citizens to realize transparent politics, and is no longer usable. However, the Defendant’s strict punishment should be suspended by taking into account the following circumstances: (a) as the Secretary-General in charge of the finance of a democratic political party, he received contributions to resolve the difficult financial situation of a democratic party in the situation where he was faced with poor financial difficulties due to the heavy financial difficulties from the presidential election; (b) the Defendant received contributions to collect special party membership fees in a democratic manner; and (c) the Defendant received contributions to collect special party membership fees in a democratic manner; (d) some of the above money appears to be in the nature of the special party membership fees; (c) the said money was confiscated for four months or more; and (d) the Defendant’s deepness and wrong execution of the sentence was contrary to his own decision.

2. In order to correct a desirable election culture by correcting the highest 00 election culture, strict sentence is inevitable. In particular, the act of contribution offering money and goods in an election for public office is more urgent than when there is a significant infringement on the fairness of the election, and the necessity to punish it strictly. Even if the defendant was to be elected as a candidate even if he was able to be recruited as a candidate even if she was able to be recruited as a candidate by the representative of the democratic party and party members, the act of giving money and goods to the party in return for the election for public office is fundamentally denying procedural legitimacy in the process of election for public office by the party, and it is inevitable for the defendant to sentence against the defendant in that it is not sufficient to punish the party in that it was committed because the defendant was able to be elected as a candidate in return for the election for public office. However, considering the fact that the defendant's old health is not good and that he was trying to assist a democratic party that was faced with financial difficulties, the order and the like punishment are sentenced.

Judge Do charter of judge

Judges O Tae-tae

Judges in the form of appointment;