Cases
201Gohap72,86 (Joint), 87 (Joint), 88 (Joint), 89 (Joint), 90 (Joint),
191(Joint), 92(Joint), 93(Joint), 94(Joint), 95(Joint), 96(Joint), 97
(A)the consolidation, 98 (Joint), 99 (Joint), 100 (Joint), 101 (Joint), 102 (Joint),
103(Joint), 104(Joint), 105(Joint), 106(Joint), 107(Joint), 108(J)
10), 111(combined), 112(combined), 113(Consolidated),
15(Joint), 116(Joint), 117(Joint), 118(Joint), 119(Joint), 120(Consolidated)
x)1, 121 (combined), 122 (Joint), 123 (Joint), 124 (Joint), 125 (Joint),
126(Joint), 127(Joint), 128(Joint), 129(Joint), 130(Joint), 131(Joint)
x) 132, 133 (Joint), 134 (Joint), 135 (Joint), 136 (Joint),
137(Joint), 138(Joint), 139(Joint), 140(Joint), 141(Joint), 142(Joint)
Gohap), 143 (Joint), 144 (Joint), 145 (Joint), 146 (Joint)
A. Violation of the Political Funds Act
B. Violation of the Local Public Officials Act
C. Violation of the Political Parties Act
Defendant
1. A.
2. A. B
3. (a) C
4. (a) D.
5. (a) E;
6. (a) F
7. (a) G.
8. A. H
9. (a) I
10.(a) J
11. (a) K
12. A. L.
13.(a) M
14, (a) N
15. A. 0
16.(a) P
17. A. Q.
18. (a) R
19. (a) S.
20.(a) T:
21. U.S.
22. (a) V
23.(a)W;
24. A.B. X
25.A. Y.
26.(a) 2.
27. (a) AA
28. A. AB
29. A.C.
30. A.D. A.D
31. (a) AE
32.(a)(c) AF
33. A. (c) AG.
34. A.B. A.H
35. (a) AI;
36.(a)(c) AJ
37.(a)(c) AK
38.(a)(c) AL
39.(a)(c) AM
40.a.b. Dan
41. A.O.
42. A.P.
43. A. Q
4. (a) AR
45. A.S.
46. A. (c) AT
47.(a)(c) AU
48.(a)(c) AV
49.(a)(c) AW
50. A. c. AX
51.(a)(c) AY
52.(a)(c) AZ;
53. (a) BA
54. (a) BB
5. (a)(c) BC
56, A. BD
57.(a) BE
58. (a) BF
59.(a)(c) BG
60. A. BH
61. (a) BI
Prosecutor
Lee Chang-won (Court of Prosecution), Park le-hee (Court of Public Trial)
Defense Counsel
Law Firm J (for all the defendants)
Attorney BK in charge
Imposition of Judgment
February 17, 2012
Text
1. (a) Defendant X, Z, AD, AF, AG, AI, AJ, AK, AL, AM, ASS, AS, ATS, AT, AU, AX, AY, AY, AY, Z and BC, respectively, by fine of 300,00 won;
B. Defendant BG’s fine of KRW 500,000
Each punishment.
2. In a case where the above Defendants did not pay each of the above fines, each of the above Defendants shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.
3. Each sentence imposed on Defendant A, B, C, D, E, F, G, H, H, J, K, M, M, N, P, Q, Q, T, U, M,Y, Y, AA, AB, AE, AH, AH, AH, AP, AP, AP, Q, B, B, B, B, and B.
4. Defendant X, AD, AF, AG, AH, AI, AJ, AK, AL, AM, AS, ATS, AT, AV, AV, AW, AY, AY, Z, BC, and B, respectively, shall be acquitted.
Reasons
Criminal facts
Anyone shall be prohibited from contributing any political fund by means that are not prescribed by the Political Funds Act, and anyone who intends to contribute any support fund to any political party before March 13, 2006 shall contribute any support fund to the supporters' association of the political party and shall not directly contribute any support fund to any political party, and from contributing any support fund to any political party from March 13, 2006 when the supporters' association of the political party is abolished.
1. "201 Highest 72 Defendant A;
After being appointed as a local public official on February 8, 1992, the Defendant is currently working as a Samyang Central Service Strategy and Industry Bureau BL and a local administrative assistant.
On or before April 5, 2006, the Defendant applied for “Automatic Payment” through the Cmmp transfer method to the Democratic Labor Party (Cmp. BM), and around August 4, 2006, the Defendant transferred 10,000 won from the Defendant’s agricultural bank account via the Cmp transfer method via the Cmp transfer method to the Defendant’s financial settlement resources located in Gangnam-gu Seoul Metropolitan Government (Cmp. 1) from the Defendant’s agricultural bank account to the Democratic Labor Party’s Loan Business Department established by the Seoul Young-gu National Bank, Yeongdeungpo-gu, Seoul.
2. Defendant B: 2011 Highest 861
The defendant was appointed as a local public official on October 3, 1996 and is currently in office as a local public official in the BN local history guard.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party” (payment number BO), and around July 26, 2006, the Defendant transferred 10,000 won from the Defendant’s agricultural bank account from Yeongdeungpo-gu Seoul Metropolitan Government to the Democratic Labor Party established by the Defendant’s Cmp transfer via the “Cmp transfer method” to the “Cmp transfer fund” account (payment number BO), and then transferred 10,000 won from the Defendant’s agricultural bank account from Yeongdeungpo-gu, Seoul Metropolitan Government.
3. 201Gohap87, Defendant C
After being appointed as a local public official on November 22, 1991, the defendant is currently working as a general secretary of society and a local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp Q), and around July 26, 2006, the Defendant transferred the money from the Defendant’s Agricultural Cooperative’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party’s Green Bank’s Green Bank’s Green Bank’s Green Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Savings Bank’s Income to KRW 10,00
4. "201Gohap88, Defendant D;
The defendant is a local public official on January 1, 200, who is currently serving as a prime viewing BR after being appointed as a local public official.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. BS), and around July 26, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul Metropolitan City, to the Nonindicted Labor Party established by the Cmp transfer method (Cmp. 2S).
5. "2011 Highest 89 Defendant E;
After being appointed as a local public official on July 1, 1999, the defendant is currently serving as a member of the General Affairs Bureau BT and a Grade 9 local trillion officer.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. BU), and around July 26, 2006, the Defendant transferred 10,000 won from the Defendant’s Agricultural Cooperative’s Agricultural Fund account via the “Cmp transfer method” to the Defendant’s Agricultural Bank’s Democratic Labor Party’s Loan Business Department established in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to the Defendant’s Agricultural Cooperative Fund account established in the Seoul Metropolitan Government, by means of the same method as subsidization around July 27, 2006, to KRW 10,000, respectively.
6. 2011Gohap90 Defendant F
After being appointed as a local public official on July 1, 1992, the Defendant is currently working as a three-party economic construction station BV and a local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party” (CmpW) and then transferred funds from the Defendant’s agricultural bank account via the “Cmp transfer method in Gangnam-gu Seoul, Seoul, to the Democratic Labor Party established by the National Bank Holdings, Seoul, Yeongdeungpo-gu, to the KRW 10,000,000, from the Defendant’s agricultural bank account.
7. 2011 Highest 911 Defendant G
The defendant is a local public official who was appointed on December 14, 1986 and currently serves as a local nursing officer of the public health clinic in Taecheon-si.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party,” and then transferred funds from the Defendant’s agricultural bank account via the “Cmp transfer method in Gangnam-gu Seoul, Seoul, to the Democratic Labor Party’s Loan Business Department established in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to the KRW 10,000,000, from the Defendant’s agricultural bank account via the “Cmp transfer method.”
8. “2011 Highest92. Defendant H
After being appointed as a local public official on July 7, 1992, the Defendant is currently working as the East Sea Strategic Service Bureau BY and local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. BZ). On or around July 26, 2006, the Defendant transferred 10,000 won from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul, to the Nonindicted Labor Party established by the Seoul Metropolitan Government (Cmp. BZ).
9. 201Gohap93. Defendant I
After being appointed as a local public official on October 1, 1991, the Defendant is currently working for the CA and the functional Do driving personnel of Grade VIII.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CB) and then transferred funds from the Defendant’s agricultural bank account via the “Cmp transfer method in Gangnam-gu Seoul Central Labor Party” to the Nonindicted Labor Party’s Democratic Labor Party established by the Yeongdeungpo-gu Seoul Central Labor Bank, Yeongdeungpo-gu, Seoul. On or around July 26, 2006, the Defendant transferred 10,000 won from the Defendant’s agricultural bank account to the Defendant’s Democratic Labor Party established by the Seoul Central Labor Bank’s Federation located in Yeongdeungpo-gu, Seoul.
10. "Defendant J 2011 Gohap94
After being appointed as a local public official on November 30, 1991, the Defendant is currently working as a three-party strategic industry SCC and a local administrative assistant.
On or before March 27, 2006, the Defendant applied for “Automatic Payment” to the Democratic Labor Party by means of “Cmp transfer” (Cmpile number CD), and then transferred funds from the Defendant’s agricultural account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul, through the Cmp transfer method (Cmp transfer method) to intermediate financial resources located in Geumdong-gu, Gangnam-gu, Seoul. On or around July 26, 2006, the Defendant transferred funds from the Defendant’s agricultural account to the Democratic Labor Party established by the Korea National Bank, Young-gu, Seoul.
k. ‘2011 Gohap95', Defendant K
After being appointed as a local public official on December 25, 1994, the Defendant is currently serving as the CE and functionally class VII local electrical hall (electric).
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party” (CF), and made a contribution of political funds by transferring the amount of KRW 10,000 from the Defendant’s agricultural bank account from Yeongdeungpo-gu Seoul Metropolitan Government, to the Democratic Labor Party established by the National Bank Operating Division of Korea, Yeongdeungpo-gu, Seoul, from July 26, 2006 through the “Cmp transfer method” to the “Cmp transfer financing resources located in Gangnam-gu, Seoul.”
12. "201 Highest96 Defendant L.
The defendant was appointed as a local public official on January 15, 2004, and is currently serving as the general secretary general of society and a local social welfare secretary.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CH) and then transferred funds from the Defendant’s agricultural bank account via the “Cmp transfer method” to the Democratic Labor Party located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On or around July 26, 2006, the Defendant transferred 10,000 won from the Defendant’s agricultural bank account to the Democratic Labor Party established in Seoul, Yeongdeungpo-gu, Seoul.
13. 201Gohap97, Defendant M
After being appointed as a local public official on September 1, 1986, the defendant is currently serving as the CI of the Administration Bureau and the head of the Local Facilities.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp number CJ). On or around July 26, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank of Korea, Yeongdeungpo-gu, Seoul, to the Nonindicted Labor Party established by the Seoul Metropolitan Government, through the “Cmp transfer method.”
14. "201 Highest98, Defendant N.
After being appointed as a local public official on February 1, 1991, the Defendant is currently serving as CK and a local administrative master.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp number CL). On or around July 26, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank of Korea, Yeongdeungpo-gu, Seoul, to the Nonindicted Labor Party established by the Seoul Metropolitan Government (Cmp transfer method).
15. 201Gohap99, Defendant 0
The defendant was appointed as a local public official on January 1, 1991, and is currently serving as CM in the construction city of the original city and the head of the local facility.
On or before March 27, 2006, the Defendant applied for “Automatic Payment through the Cmmp transfer method” to the Democratic Labor Party (CN) and then transferred funds from the Defendant’s agricultural bank account via the Cmp transfer method to the Democratic Labor Party established by the Cmption transfer method located in Gangnam-gu Seoul Metropolitan Government (Seoul), which was around July 26, 2006, from the Defendant’s agricultural bank account to the Democratic Labor Party established by the Cmp transfer method, to KRW 10,000.
16. 1201Gohap100, Defendant P
After being appointed as a local public official on November 16, 1994, the defendant is currently working as the prime viewing environment green belt and local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CP number CP). On or around July 26, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul Metropolitan Government, from the Defendant’s Agricultural Bank’s Central Labor Party established by the “Cmp transfer method” to the “Cmp transfer financial resources located in Gangnam-gu, Seoul.”
17. "201 Highest 101, Defendant Q Q
After being appointed as a local public official on April 15, 1994, the defendant is currently serving as the home-based administrative bureau CI and local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party,” and then donated political funds from the Defendant’s agricultural bank account via the “Cmp transfer method in Gangnam-gu Seoul, Seoul, to the Democratic Labor Party’s Loan Business Department established in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to the KRW 10,000,000.
18. Defendant R of "201 Gohap102"
After being appointed as a local public official on October 1, 1994, the defendant is currently serving as a person in Grade 8, a local police officer in charge of prime viewing function.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CmpR). On or around July 26, 2006, the Defendant transferred the funds from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul, to the KRW 10,000,000, from the Defendant’s Agricultural Fund’s Agricultural Account via the “Cmp transfer method” to the “Cmp transfer fund located in Gangnam-gu, Seoul.”
19. “2011 Highest 103. Defendant S
The defendant is currently serving as a guard of local tax non-permanent viewing after being appointed as a local public official on April 5, 1996.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp.S). On or around July 26, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul, to the Nonindicted Labor Party established by the Seoul Metropolitan Government, through the “Cmp transfer method” (Cmp.).
20. 201Gohap104, Defendant T
The defendant was appointed as a local public official on May 1, 1991, and is currently serving as a Grade 8 Local Helper in CT function of the CT Office.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CmpU), and then transferred the political funds from the Defendant’s agricultural bank account via the “Cmp transfer method” to the Democratic Labor Party (Cmption transfer method in Gangnam-gu Seoul, Seoul, to the Defendant’s Cmption transfer method, which is to intermediate financial resources located in the Geumdong-gu Seoul, Seoul, to the Defendant’s Cmp transfer from the Defendant’s agricultural bank account, Yeongdeungpo-gu, Seoul, to the Democratic Labor Party established by the Kodo-dong, Yeongdeungpo-gu, Seoul.
21. “201 Gohap1051 Defendant U.S.
After being appointed as a local public official on April 17, 1984, the defendant is currently serving as CK in the Economic and Cultural Bureau of the prime State and a local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp number CV). On or around July 26, 2006, the Defendant transferred KRW 10,000,000 from the Defendant’s Agricultural Account to the Democratic Labor Party established by the Korean Bank in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the Democratic Labor Party established by the said method as a support fund, from July 27, 2006.
22. 201Gohap106, Defendant V
After being appointed as a local public official on February 9, 192, the defendant is currently working as a member of the General Affairs Bureau CW and a local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party,” and then transferred the political funds from the Defendant’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul, through the “Cmp transfer method” to the “Cmp transfer resources located in the Gangnam-gu, Seoul.” On or around July 26, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Account to the Nonindicted Labor Party established by the Young-gu, Yeongdeungpo-gu, Seoul.
23. “201Gohap107, Defendant W;
After being appointed as a local public official on February 18, 1995, the defendant is currently serving as CI of the General Social Bureau and a Grade I of the Local Tax Office.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp number CY), and made a contribution of political funds by transferring the Defendant’s Cmp transfer from the Defendant’s agricultural bank account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul, to the KRW 10,000,000, from the Defendant’s agricultural bank account via the “Cmp transfer method” (Cmp number CY) around July 26, 2006.
24. “201Hau108, Defendant X
After being appointed as a local public official on December 30, 1993, the defendant is currently in office as the Bacheon-gun Office BV and a assistant local industry assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmphere number CZ). On or around July 26, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Cooperative’s Agricultural Account to the Democratic Labor Party established by the Defendant’s Agricultural Association located in Yeongdeungpo-gu, Seoul Metropolitan City to the Democratic Labor Party established by the Hando-dong, Seoul. From that time to January 25, 2010, the Defendant transferred KRW 450,000 in total, as shown in the attached list of crimes against the Defendant, from that time, to January 25, 2010, transferred the amount of KRW 450,000 in support money under the name of support money.
25.201Gohap109, Defendants Y
After being appointed as a local public official on July 5, 1993, the defendant is currently serving as DA and local administrative assistant in the country of supporting the living of Chuncheon Viewers.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party” (CmpB), and then donated political funds by transferring KRW 10,000,000 in total from the Defendant’s agricultural bank account via the “Cmp transfer method” to the Defendant’s agricultural bank account located in the Gangnam-gu Seoul Metropolitan Government, Seoul, to the Democratic Labor Party established in the Seoul, Yeongdeungpo-gu, Young-gu, Seoul, for support payments from April 26, 2007, including transfer of KRW 10,000 from the Defendant’s agricultural bank account to the Democratic Labor Party account established in the Seoul, Yeongdeungpo-gu, Seoul, Seoul, for a total of ten times, as shown in the list of crimes in the attached Table to the Defendant.
26. Defendant 2 is a person appointed as a local public official on December 1, 1989 and currently serving as a member of the competent local administrative branch of the local administrative branch of the Young-si and Viewing D.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party” (CmpD), and then transferred KRW 120,000,000 from the Defendant’s Agricultural Account via the “Cmp transfer method” to the Defendant’s Agricultural Account located in Gangnam-gu Seoul Metropolitan Government (Cmp transfer method) around July 26, 2006, from the time to June 26, 2007, including transfer of KRW 10,00,000 from the Defendant’s Agricultural Account to the Democratic Labor Party established in the Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan City, to the Defendant’s Agricultural Account established in the Seoul Metropolitan City, the Defendant transferred KRW 120,000 in total over 12 times in total, as indicated in the list of crimes in the attached Form to the Defendant’s Political Fund.
27. "201-Ma111 and Defendant AA"
The defendant is a local public official on January 15, 2004, who is currently serving as a three-party watch.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. DE), and then transferred the political funds from the Defendant’s national bank account to the Democratic Labor Party established by the Korean Bank in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to the KRW 10,000,000, and around August 31, 2006, respectively, by transferring the amount of KRW 10,000,000 from the Defendant’s national bank account to the Democratic Labor Party established by the Korean Bank in Yeongdeungpo-gu, Seoul.
28. “2011Gohap112, Defendant AB”
After being appointed as a local public official on August 21, 1990, the Defendant is currently serving as a Grade VII local machinery site (mechanic) of the DoF function.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. DG). On or around August 4, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul Metropolitan Government, from the Defendant’s Agricultural Bank’s Agricultural Account via the “Cmp transfer method” (Cmp. dG) to the “Cmp. financial settlement resources located in Gangnam-gu, Seoul.”
29.201Gohap13. Defendant AC
After being appointed as a local public official on January 19, 195, the defendant is currently working as the H and the assistant local tax officer of the Gangseo-gu Office of Administrative Support.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. DI). On or around August 4, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul Metropolitan Government, from the Defendant’s Agricultural Bank’s Agricultural Account via the “Cmp transfer method” (Cmp. dI).
30. “2011 Highest 115, Defendant AD;
After being appointed as a local public official on July 20, 1990, the defendant is currently serving as a regional educational administrative assistant at DJ High School.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CmpK). On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established in Yeongdeungpo-gu, Seoul, Seoul, through the “Cmp transfer method” to the “Cmp transfer financial resources located in the Gangnam-gu, Seoul.” From that time to May 2009, the Defendant transferred KRW 440,000,000 in total, from that time, to that time, the Defendant transferred 40,000,000 in total, as shown in the attached list of crimes, to the Defendant’s Political Fund.
31. “2011 Highest 116, Defendant AE
After being appointed as a local public official on March 1, 1994, the defendant is currently serving as BT and a local social welfare assistant in the country of supporting the living of Chuncheon Viewers.
On or before March 27, 2006, the Defendant applied for “Automatic Payment” to the Democratic Labor Party through the “Cmp transfer method” (CmpL), and made a contribution of political funds by transferring 10,000 won from the Defendant’s agricultural bank account from that time to that of the Democratic Labor Party established by the National Bank in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to that of the Democratic Labor Party, through the “Cmp transfer method” (Cmp transfer method) around July 26, 2006, and from that time until September 25, 2006, the Defendant transferred 30,000 won in total, from that time to September 25, 2006, as indicated in the attached List of Crimes, to the Defendant’s support money.
32. “2011 Highest 117. Defendant AF
After being appointed as a local public official on December 14, 1991, the Defendant is currently serving as DM in the construction city of Chuncheon City and local administrative officials.
On or before March 27, 2006, the Defendant applied for “Automatic Payment through the Cmmp transfer method to the Democratic Labor Party” (CmpN) and then donated political funds by transferring KRW 10,000 from the Defendant’s agricultural bank account via the Cmp transfer method to the Democratic Labor Party established by the Cmp Transfer System located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, as well as from the time from January 25, 2008 to January 25, 2008, the Defendant transferred KRW 190,000,000 in total to the Defendant’s Democratic Labor Party located in the So-dong, Yeongdeungpo-gu, Seoul.
33.201 Highest 118 Defendant AG
The defendant is a local public official appointed on March 13, 2005, and is currently working as a three-party community welfare clerk.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. DO), and donated political funds by transferring KRW 10,000,000 from the Defendant’s agricultural bank account via the “Cmp transfer method” (Cmp transfer method) around July 26, 2006, to the Defendant’s agricultural bank account located in Yeongdeungpo-gu Seoul Metropolitan Government, Young-gu, Seoul, to the Democratic Labor Party’s Loan Business Department established in the Seoul Metropolitan Government, for support payments, from that time to April 13, 2010.
34. 201Gohap119, Defendant AH
After being appointed as a local public official on February 1, 1990, the defendant is currently working as the head of the Done Done-Viewing DP bureau's function as the head of the Done-Viewing DP bureau.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp Q Q). On or around August 29, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account via the “Cmp transfer method” to the Defendant’s Agricultural Bank’s Democratic Labor Party established by the Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, to the Defendant’s Agricultural Bank’s Women’s Loan Business Department established by the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, under the pretext of support payments, from that time to July 28, 2009, by transferring KRW 80,000 in total, eight times in total as shown in the list of crimes committed against the Defendant by the same method as support payments.
35. "201 high-level 120, Defendant AI;
After being appointed as a local public official on August 18, 1992, the defendant is currently working as a member of the DDR local administrative assistant.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. DS). On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established in Yeongdeungpo-gu, Seoul, Seoul, the Defendant transferred KRW 480,000 from that time to January 6, 2010, a sum of KRW 444 times in total, as shown in the list of crimes committed against the Defendant, from that time, to that of the Democratic Labor Party established in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.
36. Defendant AJ on 2011, 121
After being appointed as a local public official on September 13, 1994, the defendant is currently serving as the DT and local facility owner of the Gangwon-do Office for Construction Disaster Prevention.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CmpU) and then donated political funds by transferring 10,000 won from the Defendant’s agricultural bank account from the Defendant’s agricultural bank account via the “Cmp transfer method” to the Defendant’s financial settlement resources located in Gangnam-gu Seoul Metropolitan Government (Cmption transfer) around August 4, 2006, from the time to October 5, 2009, the Defendant transferred 400,000 won in total to the Defendant’s Democratic Labor Party account established in the Seoul Metropolitan City, Yeongdeungpo-gu National Bank Operating Department from the date on which it was transferred from October 5, 2009.
37. 201 Gohap122 / Defendant AK
After being appointed as a local public official on January 17, 1994, the defendant is currently working as a member of the Seocheon-gun Office DV and local administrative affairs.
Around 2006, 4,500, the Defendant applied for “Automatic Payment” to the Democratic Labor Party by means of “Cmp transfer” (CmpW) and then transferred KRW 360,000,000 from the Defendant’s Agricultural Account to the Democratic Labor Party established by the Korean Bank in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for support payments, from around July 27, 2006, to the Defendant’s Agricultural Account through the Cmp transfer method to intermediate financial resources located in Gangnam-gu, Seoul. From that time until May 8, 2009, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Account to the Democratic Labor Party established by the Korean Bank in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, for support payments by the same method from that time until May 8, 2009.
38. 201Gohap123. Defendant AL
After being appointed as a local public official on January 17, 1998, the defendant is currently serving as a member of the Doctrine Doctrine of the Doctrine Office.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the Cmmp transfer method to the Democratic Labor Party (Cmp number DY), and made a contribution of political funds by transferring KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Cmp transfer method, which is to intermediate financial resources located in Gangnam-gu Seoul Metropolitan Government, through the Cmp transfer method around August 4, 2006, from that time until February 5, 2008, the Defendant transferred KRW 190,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.
39. "201 high-level 124, Defendant AM"
After being appointed as a local public official on January 1, 1997, the defendant is currently working as the Jeju Military Office and the local public official on January 1, 199.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. EA). On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established in Yeongdeungpo-gu, Seoul, Seoul, the Defendant transferred KRW 420,000,000 in total, from the time to January 6, 2010, to the Defendant’s Agricultural Bank’s Democratic Labor Account established in Yeongdeungpo-gu, Seoul, the Defendant transferred KRW 420,000,000 in total, as shown in the list of crimes committed against the Defendant, under the pretext of support money.
40. Defendant Neither 2011 nor 125;
After being appointed as a local public official on July 17, 1992, the defendant is currently working as a senior local administrative assistant for the prime citizens.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. EB). On or around July 26, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Cooperative’s Agricultural Account to the Democratic Labor Party established in the Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan City, to the Democratic Labor Party established in the Hando-dong, from that time to January 25, 2010, from that time, the Defendant transferred KRW 430,000,000 in total, as shown in the attached list of crimes against the Defendant by the same method, under the pretext of support payments, from that time, from that time, the Defendant transferred KRW 430,000,000 in total, as the support payments, to the Defendant.
41. "201 Highest 126. Defendant AO
The defendant is a local public official appointed on January 23, 1997 and currently in office as a local health assistant for Chuncheon viewing.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmphere number EC). On or around July 26, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established in the Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, to the Democratic Labor Party established in the Hando-dong, from that time to November 24, 2006, by transferring KRW 50,000 in total five times in total, as shown in the attached list of crimes against the Defendant, from that time, from that time to November 24, 2006.
42. "201 Highest 127 Defendants AP";
After being appointed as a local public official on December 1, 1989, the defendant is currently working as a local administrative assistant of the Gangseo-gu ED Headquarters.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment through the Cmmp transfer method to the Democratic Labor Party (Cmp. EE). On or around August 4, 2006, the Defendant donated political funds by transferring KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party’s Green Bank’s Green Bank’s Green Bank’s Green Bank’s Savings Account established in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to KRW 10,000 from that time by the same method until May 1, 2007, including transfer of KRW 60,000,000 in total, as shown in the list of crimes committed in the attached Table to the Defendant.
43. 201 Highest 128 Defendant A Q on 201
After being appointed as a local public official on July 10, 1997, the defendant is currently working as a local administrative assistant of the Doneung Viewers.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. EF), and then donated political funds by transferring the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Kododong, Yeongdeungpo-gu, Seoul through the “Cmp transfer method” (Cmp. eF) around July 26, 2006, from that time until March 23, 2007, the Defendant transferred the sum of KRW 90,000,000 in total, nine times in total, as shown in the attached list of crimes against the Defendant, from that time to March 23, 2007.
44. "2011 Highest 129. Defendant AR
After being appointed as a local public official on April 1, 1992, the Defendant is currently serving as the National Public Official in the Seocheon-gun Office EG and a local administrative assistant.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (CmpH) and donated political funds by transferring KRW 10,000,000 from the Defendant’s Agricultural Bank’s Agricultural Account via the “Cmp transfer method” (Cmp transfer method) around July 26, 2006 to the “Cmption settlement resources located in the Gangnam-gu Seoul Metropolitan Government Station, Young-gu, Seoul, for support payments from May 25, 2007, from that time to May 25, 2007, as indicated in the list of crimes against the Defendant.
45. “2011 Highest 130 Defendant AS
After being appointed as a local public official on August 1, 1989, the defendant is currently in office as the EI and functional local machinery of Grade VII.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp number EJ). On or around July 26, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Cooperative’s Agricultural Account to the Democratic Labor Party established by the Defendant’s Cmp transfer method via the “Cmp transfer financial resources located in the Gangnam-gu Seoul Metropolitan Government Station, Yeongdeungpo-gu, Seoul.” From that time to May 26, 2008, the Defendant transferred KRW 230,000,000 in total to the Defendant’s Democratic Labor Party established by the Kododong-dong, Yeongdeungpo-gu, Seoul, for support payments, from that time to May 26, 2008.
46. 201Gohap131, Defendant AT
After being appointed as a local public official on March 9, 1984, the Defendant is currently serving as the CL of the Triman Strategic Industry Bureau and as a petition forest guard.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. EK) and donated political funds by transferring KRW 10,000,000 from the Defendant’s agricultural account via the “Cmp transfer method” (Cmp transfer method) around July 26, 2006, to the “Cmp. 3K located in Gangnam-gu Seoul Metropolitan Government Station, Young-gu, Seoul, for support payments, from the Defendant’s agricultural bank account to the Democratic Labor Party established in the Hando-dong, Yeongdeungpo-gu, Seoul, for support payments, from that time until January 25, 2008, as indicated in the attached list of crimes against the Defendant by the same method, from that time to January 25, 2008.
47. “2011 Gohap132. Defendant AU
The defendant is a local public official appointed on June 22, 1991 and currently serving as a local administrative assistant for Chuncheon Viewing.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. EL). On or around July 26, 2006, the Defendant transferred 10,000 won from the Defendant’s agricultural bank account via the “Cmp transfer method” to the Defendant’s Democratic Labor Party, which is located in the Gangnam-gu Seoul Metropolitan Government Station, from that time to January 25, 2010, from that time, the Defendant transferred 10,000 won from the Defendant’s agricultural bank account to the Democratic Labor Party, which is established in the Seoul Metropolitan City Station, to the Defendant’s Agricultural Bank, the Defendant transferred 430,000 won in total, as shown in the [Attachment List of Crimes, to the Defendant’s support fund.
48. “2011 Highest 133 Defendant AV”
The defendant is a local public official appointed on December 1, 1987 and currently serving as a guard for local agriculture for the viewing of three-party citizens.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (M). On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established in Yeongdeungpo-gu, Seoul through the “Cmp transfer method” to the “Cmp transfer financial resources located in Gangnam-gu, Seoul.” On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Nonindicted Labor Party established in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. From that time until February 5, 2008, by the same method, transferred KRW 140,000 in total, as shown in the list of crimes committed against the Defendant, under the pretext of support payments.
49. 201Gohap134 / Defendant AW
After being appointed as a local public official on January 6, 1996, the defendant is currently serving as the CW of the Hacheon-gun Office and the Korea Coast Guard.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp. EN). On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established in Yeongdeungpo-gu, Seoul, Seoul, the Defendant transferred KRW 200,000 from that time to March 5, 2008, a sum of KRW 200,000,000 in total, as shown in the attached list of crimes against the Defendant, from that time to March 5, 2008.
50. "201.Gohap 135, Defendant AX"
After being appointed as a local public official on March 15, 2001, the defendant is currently serving as a Grade VIII local electrical source (electric) at the YY EO function.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp). On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established in Yeongdeungpo-gu, Seoul, Seoul, the Defendant transferred KRW 330,000 from that time to March 5, 2009, a sum of KRW 330,000,000 in total, as shown in the attached list of crimes against the Defendant, from that time to March 5, 2009.
51. "201 Gohap136 Defendant AY
After being appointed as a local public official on April 9, 1992, the defendant is currently working as the local administrative master of the Chuncheon Gun State.
On or before April 5, 2006, the Defendant applied for “Automatic Payment” to the Democratic Labor Party through the “Cmp transfer method” (after the payer’s number was Q Q, the Defendant transferred KRW 10,000 from the Defendant’s agricultural cooperative account via the Cmp transfer method to the Democratic Labor Party account established by the Kododong, Yeongdeungpo-gu, Seoul, to the Democratic Labor Party’s Loan Business Department located in the Seoul Metropolitan Government, from around August 4, 2006, to KRW 430,000 by the same method until January 6, 2010, and donated political funds by transferring the Defendant’s total amount of KRW 430,000,000, as shown in the list of crimes committed in the attached Table, to the Defendant’s support fund.
52. "201 Highest 137, and AZ of the defendant;
After being appointed as a local public official on October 11, 1996, the defendant is currently working as a local administrative assistant in the jurisdiction of the Chuncheon City.
On or before April 5, 2006, the Defendant applied for “Automatic Payment through the Cmmp transfer method to the Democratic Labor Party” (hereinafter “Cmp transfer”), and then, around August 4, 2006, transferred 10,000 won from the Defendant’s agricultural bank account via the Cmp transfer method to the Democratic Labor Party established by the Cmp Transfer System located in Gangnam-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, to the Democratic Labor Party located in the Women’s Bank located in Yeongdeungpo-gu, Seoul, for support from February 5, 2008 through the same method until February 5, 2008, the Defendant transferred 190,000 won in total as support money, such as the list of crimes, to the Defendant.
53. “201.Gohap138, Defendant BA”
The defendant is currently a local public official appointed on August 12, 1997 and is currently in a position as a senior local tax official for prime viewing and viewing.
On September 13, 2007, the Defendant donated political funds by transferring 100,000 won from the Defendant’s agricultural bank account via the CMS transfer method to the democratic labor party account opened by the National Bank in Yong-gu, Seoul, Youngdong-gu, Seoul, to the National Bank of Korea.
54. “2011 Highest 139 Defendant BB”
The defendant was appointed as a local public official on October 23, 1985 and was removed from office on December 29, 2004, and was reinstated on November 1, 2006, and is currently serving as a senior local administrative officer for prime citizens.
A. On or before April 5, 2006, the Defendant applied for automatic payment to the Democratic Labor Party through the “Cmp transfer method” (Cmp number ES), and then transferred 10,000 won from the Defendant’s agricultural bank account via the “Cmp transfer method” to the Defendant’s financial settlement center located in Gangnam-gu Seoul Metropolitan Government, to the Defendant’s Agricultural Bank’s Democratic Labor Party established in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. From that time to March 6, 2007, the Defendant transferred 10,000 won to the Defendant’s Democratic Labor Party account established in the Seoul Metropolitan Government, for a total of five times, as shown in the attached Table 1 of Criminal Day, from that time to March 6, 2007.
B. On or before April 21, 2006, the Defendant applied for the “voluntary payment” to the Democratic Labor Party through the method of joining the supporters’ association members and the “CMS transfer”, and then donated political funds by transferring KRW 10,000,000 from the Defendant’s Agricultural Bank’s Agricultural Bank’s Agricultural Account from November 21, 2006 to the Democratic Labor Party’s Green Bank’s Savings Account established in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to support the membership fee, from around March 20, 2007 through the same method until March 20, 2007, including transfer of KRW 50,000,000, in total, from five times as shown in the attached Table 2 of the Criminal Day.
55. Defendant BC
After being appointed as a local public official on April 19, 198, the defendant is currently working as a local administrative assistant in the Dong Sea and Viewing Administrative Support Bureau CG.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (EU numbered EU). On or around August 4, 2006, the Defendant transferred 10,000 won from the Defendant’s bank account to the Democratic Labor Party’s Savings Account established in Yeongdeungpo-gu Seoul Metropolitan City, Young-gu, Seoul, to the Democratic Labor Party’s Loan Business Department, through the “Cmp transfer method” (hereinafter “Cmp transfer”), and then donated political funds by transferring 200,000 won in total from around 20 times until March 5, 2008, as shown in the list of crimes in the attached Table against the Defendant by means of the same method.
56. “201.Gohap141, Defendant BD”
The defendant was appointed as a local public official on June 1, 1987 and was removed on or around December 29, 2004, and was reinstated on or around November 1, 2006, and is currently serving as a prime local administrative officer.
A. On or before April 5, 2006, the Defendant filed a “Automatic Payment” application with the Democratic Labor Party through the “Cmp transfer method” (Cmp number EV), and subsequently, around November 3, 2006, the Defendant transferred 10,000 won from the Defendant’s agricultural bank account from Yeongdeungpo-gu, Seoul, to the Democratic Labor Party established by the Defendant’s Cmp transfer method via the “Cmp transfer method” (Cmp) to the Nonindicted Labor Party established by the Seoul, Yeongdeungpo-gu, Seoul, to the Democratic Labor Party located in the Hando-dong, Yeongdeungpo-gu, Seoul.
B. On or before April 21, 2006, the Defendant applied for the “voluntary payment of the supporters’ association expenses” to the Democratic Labor Party through the method of joining the supporters’ association members and the Cms transfer, and then contributed to the Defendant’s agricultural fund by transferring the amount of KRW 10,000 from the Defendant’s agricultural bank account via the method of Cms transfer around November 21, 2006 to the Democratic Labor Party established by the Defendant’s Agricultural Bank in Yeongdeungpo-gu, Seoul, to the Democratic Labor Party established by the Cms Transfer System.
57. “201 Gohap1421 Defendant BE”
The defendant is a local public official appointed on December 1, 1984 and currently serving as a rural agricultural assistant for the viewing of three-party citizens.
On September 13, 2007, the Defendant transferred KRW 50,000 from the Defendant’s agricultural cooperative account to the Democratic Labor Party’s Loan Business Book established in the National Bank located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to KRW 50,000, and KRW 50,000 in the same way as support payments around March 20, 2008, respectively, to contribute political funds.
58. “201.Gohap143, Defendant BF
The defendant was appointed as a local public official on August 15, 1991, and is currently working as a local administrative assistant in Gangwon-gu.
On or before March 27, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party” (Cmp number EX), and then transferred 10,000 won from the Defendant’s Agricultural Account via the “Cmp transfer method” to the Democratic Labor Party established by the Korean Bank Holdings located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. From that time to March 23, 2007, the Defendant transferred 10,000 won from the Defendant’s Agricultural Account to the Democratic Labor Party established by the Hando-dong, Yeongdeungpo-gu, Seoul. In sum nine times in total, as indicated in the list of crimes, from March 23, 2007.
59. "201 Highest 144 Defendants BG;
The defendant was appointed as a local public official on August 25, 1992 and was removed from office on December 29, 2004, and was reinstated on December 20, 2007, and is currently serving as a senior local administrative officer for prime citizens.
A. On or before March 27, 2006, the Defendant applied for “Automatic Payment through the Cmmp transfer method to the Democratic Labor Party” (Cmp No. EY), and then transferred 10,000 won from the Defendant’s Agricultural Account to the Democratic Labor Party established by the Korea National Bank Holdings, Yeongdeungpo-gu, Seoul, through the Cmp transfer method, via the Cmp transfer method, which is to intermediate the Korea National Bank Holdings located in Gangnam-gu, Seoul, to the Democratic Labor Party established by the Korea National Bank Holdings, Yeongdeungpo-gu, Seoul, from that time until February 25, 2008, from that time to February 25, 2008, the Defendant transferred 30,000 won in total to the Defendant as a support payment method three times in total, as shown in attached Table 1 of Crime List 1, with respect to the Defendant.
B. On or before April 21, 2006, the Defendant applied for the “voluntary payment of the supporters’ association expenses” to the Democratic Labor Party through the method of joining the supporters’ association members and the Cms transfer, and then donated political funds by transferring the Defendant’s agricultural bank account from January 21, 2008 through the Cms transfer method to the Democratic Labor Party account opened in Yeongdeungpo-gu, Seoul Metropolitan Government National Bank’s Loan Business Department from the Defendant’s agricultural bank account from January 21, 2008 to the 20,000 support fund, from that time until January 20, 2010.
60. 201Gohap145, Defendant BH
After being appointed as a local public official on November 3, 1989, the defendant is currently working as a master local administrative officer in the FA room.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (FB). On or around August 4, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul, from the Defendant’s Agricultural Bank’s Cmp transfer method to the “Cmp transfer financial resources located in the Gangnam-gu, Seoul.”
61. “Defendant BI” 2, 201, 146
The defendant was appointed as a local public official on February 1, 1992 and is currently serving as a master local administrative officer in the CT office.
On or before April 5, 2006, the Defendant applied for the “Automatic Payment” through the “Cmp transfer method to the Democratic Labor Party (Cmp number FC). On or around July 5, 2006, the Defendant transferred the amount of KRW 10,000 from the Defendant’s Agricultural Bank’s Agricultural Account to the Democratic Labor Party established by the Seoul Yeongdeungpo-gu National Bank, Yeongdeungpo-gu, Seoul Metropolitan Government, from the Defendant’s Agricultural Bank’s Agricultural Account via the “Cmp transfer method” to the “Cmp transfer financial resources located in the Gangnam-gu, Seoul.”
Summary of Evidence
1. Defendants’ respective legal statements
1. Part of the interrogation protocol in relation to the FD of the case, including Seoul Central District Court 2010 Gohap497, is written;
1. Each of the defendants' "Personnel Record Cards"
1. Details of the transaction of the Cmms master account from January 1, 2004 to February 28, 2005, and details of the deposit transaction of the Cms master account from March 1, 2005 to November 30, 2009;
1. Details of reports on the election of the National Assembly members of the National Assembly, submission of the 18th presidential election report made on April 9, 2008, submission of the 2008 regular accounting report made on the election of the National Assembly members of the National Assembly, submission of the 17th regular accounting report made on the election of the National Assembly members of the National Assembly, submission of the 2008 regular accounting report made on the election of the National Assembly members of the National Assembly, the party platform of the National Assembly, the party constitution, the party constitution, the party constitution, the party constitution, the party membership fee rules, the regulations on the party members and the official notices on the election of the National Assembly members of the National Assembly;
1. Each judgment;
1. Each investigation report (including reports attached to accounting data and reports attached to additional accounting data);
1. Each investigation report (including attached documents) (including a statement of a person in charge of financial settlement, a witness examination protocol and a copy of Cms manuals for ms;
Application of Statutes
1. Article applicable to criminal facts;
Defendants: each of the Defendants: Article 45(1) of the Political Funds Act (including Defendants E, U, X, Y, Z, Z, AAD, AE, AF, AG, AJ, AI, AK, AL, AM, AP, AP, Q, AS, ATR, ATR, AS, AT, AV, AX, AW, AY, AY, AZ, BB, BD, BF, BG,
1. Selection of punishment;
Selection of each fine
1. The type to be suspended;
Defendant A, B, C, D, E, F, G, H, H, J, K, M, M, M, P, Q, Q, S, T, U,V, W, Y, AA, AB, AE, AE, AE, AH, AP, AP, AP, BB, BD, BF, BF, and BI: 300 million won each fine.
1. Detention in a workhouse;
Articles 70, 69(2) of the Criminal Code (Defendant A, B, C, D, E, F, G, H, I, J, K, K, L, M, N, P, Q, Q, S, U, V, Y, AA, AB, AC, AE, AE, AH, AH, AP, AP, BB, B, B, B, B, B, B, and BI: 50,00 won per exchange-based conversion)
1. Suspension of sentence;
Defendant A, B, C, D, E, F, G, H, J, K, K, M, M, P, Q, R, Q, U,V, W, Y, AA, AB, AE, AE, AE, AH, AP, AP, Q, BB, BD, BF, BF, and BI: Article 59(1) of each Criminal Act (a) of the Criminal Act (the period for de facto support is short and the amount of support payment is not much paid).
Judgment on the Defendants and defense counsel's assertion
1. Summary of the assertion;
A. The prosecutor prosecuteds the money that the Defendants paid on the premise that the Defendants joined as party members, and if the Defendants violated the Political Parties Act with respect to the “party members”, the Defendants’ act of joining party members, separate from criminal punishment, is valid, and accordingly, the act of paying the party members fee itself constitutes a contribution method stipulated under the Political Funds Act. Thus, the violation of the Political Funds Act is not established.
B. Unless the Defendants’ “the party membership” as the premise of the facts charged is recognized, the Defendants should be acquitted unless there is any changes in the indictment. In other words, in order to recognize that the Defendants do not fall under the support fund stipulated in the Political Funds Act, there should be sufficient proof on the Defendants’ intent at the time of consent to cMS transfer, and thus, the Defendants should be acquitted on the violation of the Political Funds Act. In addition, the Defendants did not know that paying the support fund to the political party was lawful and that it was prohibited under the Political Funds Act.
D. If political funds are contributed by the method stipulated in the Political Funds Act, the act of appearance itself is not a matter of Article 45(1) of the Political Funds Act, but a special penal provision may be punished in the event that a donation is made by a person who is prohibited from making a donation. (2) Article 51(3)3 of the Political Funds Act provides that an administrative fine of KRW 1 million shall be punished only for an act of joining a public official’s supporters’ association, and no penal provision shall be provided for an act of making a contribution thereafter. Therefore, a public official’s payment of a membership fee is not subject to punishment.
E. After March 2006 when the system of a political party’s supporters’ association was abolished, even though the Democratic Labor Party is no longer the person authorized to designate the supporters’ association, the Democratic Labor Party operates the system similar to the supporters’ association for the purpose of continuously receiving support payments through the Cms account. As such, the issue of this case is that the Democratic Labor Party should be punished under Article 45(2)1 of the Political Funds Act. Since the Defendants did not prevent such unlawful withdrawal of the Democratic Labor Party, the issue is not that the Defendants are punished as a violation of Article 45(1) of the Political Funds Act.
2. Basic facts
According to the evidence examined by this court, the following facts can be acknowledged.
(a) The party constitution and the contents of party regulations on party members, etc. of a democratic labor party;
(1) Since the formation of the political party on January 200, the opening democratic labor party pointed out the problems of the political party system by the election commission around 2006 and deleted the provisions related to the party platform (Article 5 of the party constitution before July 2006) from around July 2006 (Article 5 of the party constitution of the party), and converted the members into the support party by newly establishing the support party system instead of the support party members (Article 4). The party constitution of the Democratic Labor Party on party members and party membership fees, and the details of the party regulations are as follows.
(2) The party constitution and party constitution of July 2006
Part II Party Members (203, 3, 1, and 3 regular meetings)
Article 4 (Party Members) (1) A person who is eligible to become a party member under Acts and subordinate statutes, consents to the ideology and policy of the party, and a person who participates in party activities may become a party member by following prescribed procedures.
(2) Matters concerning admission, secession from party, withdrawal from party, expulsion from party, etc. shall be prescribed by the party rules.
Article 5 (Mailty)
1. A person who consents to the ideology and policy of a political party and participates in activities of a political party may be a party member by taking a prescribed procedure.
(2) Matters concerning the admission to and withdrawal from the political party, rights and obligations, etc. shall be determined by the party rules.
Article 6 (Rights and Duties of Party Members)
(1) A party member shall have the following rights:
1. Right to vote on duty and to be elected as provided for by the party constitution and party regulations;
2. Right to participate in decision-making of the political party and all activities;
3. The right to be provided with data and education about the political party's policies and activities and to present its opinions thereon;
4. A right to demand necessary measures in accordance with the procedure set forth in the current rules against infringement as a member; and
5. The right to request the summons of all the elected parties and the elected parties to an election for public office in accordance with the party rules;
(2) Any party member shall have the following duties:
1. Obligations to observe the party constitution and party rules, and to comply with the decision and order of the party;
2. Obligations to complete education for essential party members conducted at each level;
3. Obligation to maintain confidential information of tissues;
4. Obligations to pay party membership fees;
5. Obligation to maintain integrity and dignity;
○ Provisions on Party Members No. 1 of the Party Regulations
Article 2 (Joining Party) (1) A person who intends to become a member of the Central Committee on June 28, 2002 (amended by the First Central Committee on April 1, 2003) shall submit the application forms for joining the Local Committee located in any of the following: Provided, That where no regional committee exists in the relevant area, he/she shall submit the application forms for joining the nearby Local Committee:
1. Address 2. Place of residence; 3. Place of business (including organization’s domicile); 4. Form of school admission documents and letter of recommendation shall be as determined by the Secretariat of the central party;
(3) A written application submitted to the Central Party or a branch shall be sent to the relevant local committee without delay.
(4) The admission and admission shall become final and conclusive by registering in the roster of party members after going through a review by the qualification examination organization for party members. Article 3 (Revision and Admission to Third Central Committee) (203, 9, 25, 3)
(1) A qualification examination organization for party members shall be in charge of admission, withdrawal, and change of party membership. Matters concerning the composition and operation of a party member qualification examination organization shall be determined by the head of a local
(3) A qualification examination organization for party members shall verify the following matters without fail:
1. Whether an applicant for admission has submitted an application for admission in compliance with the standards for organizing the regional committee;
2. Whether there exists any history of resignation from the party, expulsion and expulsion from the party;
3. Where the method of paying party membership fees is not cms, express the reasons therefor (the detailed details shall be determined by the relevant regional review organization);
Article 5 (Secession from Party)
(1) Any party member who wants to resign from a political party shall pay the written report of resignation from the party to which he/she belongs.
(2) Upon receipt of the written report of resignation from the local committee, the entry on the roster of party members shall be deleted and entered in the roster of party members.
(3) A regional committee shall report the receipt to the Central Party within ten days from receipt of the report of resignation from the party.
Article 10 (Lists)
(1) The Secretariat of the Local Committee shall prepare and keep a roster of party members and a roster of party members.
(2) No list shall be open to the public, except where it is provided by statutes or requested by the central authority.
Article 11 (Postal Affairs)
(1) The rights and obligations of party members are as follows.
(2) A person who intends to join a political party shall clearly state his/her intention to join the written application for joining the political party.
3. The Secretariat of the Local Committee shall prepare and keep a list of party mail lists and a list of withdrawals.
4. The parties shall be deemed to be equal to members on all the current rules and rules, except for the provisions of paragraphs 2 and 3 above or in relation thereto.
○ Provisions on party membership fees set forth in subparagraph 4 of the party rules
Article 2 (General Party Membership Fees (Revision Fee) ① (Revision Fee) The general party membership fee shall be at least KRW 10,000 per person per month: Provided, That the number of unemployeds, unemployeds, students, and those dismissed shall be at least KRW 5,00,00 per person, and the local committee shall confirm the fact. In addition, the local committee may exempt the party membership fee during the pertinent period. The confirmation thereof shall be made by the regional committee or the central committee secretariat.
Any of the following party members related to party membership fees shall not have a right to vote on duty, a right to vote in public office, and a general meeting of party members:
1. Any party member who has not paid the general party membership fee for 12 months or longer from the delivery of the exercise of party rights, for at least three months accumulated;
2. Party members for whom three months have not passed since they become party members;
(4) Any party member who joins or does not exceed three months shall pay the whole party membership fees.
(5) The party membership fee that has not been withdrawn for each quarter (three months) may be withdrawn in a lump sum.
Article 3 (Methods of Paying Party Membership Fees)
(1) In principle, party membership fees shall be paid automatically: Provided, That they may be paid directly in extenuating circumstances.
(2) A party member who intends to automatically pay a party membership fee shall file an application for automatic payment in accordance with the procedures prescribed by the secretariat of the central party.
(3) Party members who intend to directly pay party membership fees shall pay them to affiliated agencies.
(4) A party membership fee directly paid shall be prepared by a list of persons in charge of the affairs of the relevant party agency and the amount for each payer in the fixed form, and submitted to the secretariat of the central party within the month in which it is paid.
(3) The party constitution as amended after July 2006, and the party constitution as well as the party constitution as 0.
Article 4 (Party Members) (1) A person who is entitled to become a party member under Acts and subordinate statutes, consents to the ideology and policy of the Party, and a person who participates in party activities may become a party member by following prescribed procedures.
(2) Support centers may be established.
Matters concerning admission, secession, withdrawal from party, expulsion from party, etc. of party members shall be prescribed by the party rules.
○ Provisions on Party Members No. 1 of the Party Regulations
Article 11 (Posture)(5)(1)(2)(1)(2)(2)(3)(2)(1)(2)(2)(2)(2)(2)(2)(3)(2)(2)(2)(2)(2)(3)(2)
2. The Secretariat of the Local Committee shall prepare and keep a list of party mail lists and a list of withdrawals.
0. Provisions on party membership fees under subparagraph 4 of the party rules
Article 2 (General Party Membership Fees) (1) The general party membership fees shall be at least KRW 10,00 per person: Provided, That a person who does not exceed KRW 1.5 million per month revenue shall be at least KRW 5,000,000, and its confirmation shall be made by the local committee. In addition, a person who is detained in connection with the party, workers, civil and public sports activities, is exempt from the party membership fees during the relevant period. This confirmation shall be made by the local committee or the central bureau.
(b) Procedures, etc. for joining party members of a Democratic Labor Party;
(1) Procedures for joining party members
(A) The method of joining a democratic labor party is made through the website of the central party or by submitting an application for direct membership to a local City/Do party or the central party. If a party member is requested via the Internet, the central party may immediately approve the party member and, if the party member's information is insufficient, return it to the local committee for verification through the local committee.
(B) In the case of applying for membership through a local committee, if the party executive staff connects to a democratic labor party member management program to enter the party member information (including the party member fee agreement amount, settlement date, bank account number, account number, and account-based resident number as seen below) and requests approval, the central party shall conduct approval and process after confirmation and return it to the relevant area, and if the registration data is insufficient to obtain approval, it shall be returned to the relevant area, and if re-requested after correcting the party member information in accordance with the relevant reason for return, after confirming the reason for return and confirming the reason for return, the central party shall confirm the reason for re-approval.
(C) A person who intends to be a sponsor shall not go through the approval procedure of the Central Party, and may withdraw from the Republic of Korea and orally without withdrawal from the Republic of Korea. 9)
(d) If a party member requests a resignation from the party, the primary gathering of the request for resignation from the party is in charge of the Regional Committee (in principle, guidance of contact point of the relevant Regional Committee is given even in the case of a request for resignation from the central party), a direct visit, e-mail, facsimile, etc. shall be received and kept in writing.
(E) The "application for membership fee of the Democratic Labor Party", the party members, the party members, the supporters' association members, and the "application for membership fee of the supporters' association" used before July 2006 are required to keep the body in the items of party members, the party members, the party members, and the supporters' association members. The personal information was recorded for automatically paying the party membership fee, including the account number, the agreement amount of the party membership fee, the party membership fee settlement date, and the party membership fee settlement date. However, the "party membership fee settlement date" was made to keep the body for 5 days and 25 days, and the "party membership fee classification" among the party members' information items of the party members' management program of the Democratic Labor Party is also divided into party members, the party members, the party members, the supporters' association members (general, the district council members, and the supporters' association members). The "application for membership fee" of the Democratic Labor Party is divided into only the party members and the sponsor members, and the "application for membership fee payment" and the 5 days of the party membership fee payment.
(2) Related to rain, etc.
(A) Under the title of the 2005 Manual, a public official under the practical law is not allowed to engage in political activities, under the title of "a public official at the time of joining the party (public official). A public official has been treated as a party member in favor of him/her, and in this case, he/she has the same rights and duties as a party member. In the case of a teacher, there is room for some political activities as a result of a strike that occurred in the center of the former school, and there is almost no active pressure. In the case of a public official, he/she must check and take care of what activities and re-conscept. Occupations shall be entered in the occupation, for a union member, as a party member, as a party member, as a party member, and the name of a participating organization shall be called "an area of the party member's assistance" (the teacher shall be indicated as its original name). In principle, a candidate shall be actively protected. Unlike the fact that the party member's and a supporters' association is entered in the party member agreement, the contents of the withdrawal shall be withdrawn.
(B) The operating manual of the party members management program in the manual of 2005 states that "the party members can change their names in the column of "juncy" (-) and the general supporters' association members in the district party, but it is possible to change the number of party members (in the case of a change in the general or regional supporters' association members, the change must be re-registered as a change in the new party members registration after the resignation from the party."
(C) Under the 2005 manual ABC, the election management work ABC provides that "all party members shall be notified of the main contents of the election publication through text messages, etc.", "the election management commission shall request all candidates to present their opinions on career, policy, and pending issues, and may provide them to party members (right holders)" and "personal information (name, e-mail, telephone number, etc.) of the party members may be provided". The manual of 2006 states that "the method of guidance for the new party members, exchange personnel through e-mail of the central party, education of new party members, souvenirs of new party members, and sending of party members' cards."
(c) Procedures for withdrawing party membership fees of a democratic labor party (ms-related);
(1) Cms 717
(A) As seen earlier, the Democratic Labor Party: (a) received party membership fees through a “Crh Management Services” method; (b) as a general rule, this means a service that provides a financial institution (bank, securities company, etc.) and a member of the Financial Settlement Board for joint participation, a customer (in the case of this case, democratic labor party) of a cms user institution (in the case of this case) may withdraw funds from the account or deposit funds into the customer’s account.
(B) To use ms for withdrawing funds from the payer’s account, first of all, the user agency entered into a cP use contract with the user agency and, if the payer submits a written consent for withdrawal transfer to the user agency, the user agency prior to the procedure of transmitting the EB13 file to the user agency. On the file of the above EB13 file, there are information such as the date of application, resident registration number, account number, and payer number. The individual transferor’s payment number on the EB13 file sent by the Democratic Labor Party in this case is consistent with the number of party members registered in the EB13 file management program of the Democratic Labor Party (which includes both party members, party members, party members, supporters’ association members, and sponsoring party members). The above party members’ serial number was assigned serial numbers in the above party members management program (Provided, That the supporters’ association members were assigned serial numbers of 8 units beginning from July 2003 to 90, 200, and the party members were assigned serial numbers without distinction of party members).
(c) The Financial Settlement Board to which the EB13 file is transmitted shall transmit the EB13 file to the relevant financial institution, and the financial institution shall register and manage the payer in a state where the payer may withdraw from the file in accordance with the content of the EB13 file and take measures to ensure that the CMS transactions will occur later.
(D) Since then, the user agency shall transmit EB21 file 11, requesting the financial institution to withdraw funds from the payer’s bank account, to the Financial Settlement Board (the creation of EB21 file for all the payer and the temporary transmission on the business day immediately before the date of MS transfer), and the Financial Settlement Board shall withdraw funds from the other payer’s account on the basis of this file, if the files are classified and transmitted by financial institution.
(e) If an impossible settlement is made due to a shortage of balance, the individual bank returns the EB21 file (EB22 file) that was Impossible to the Financial Settlement Board and then re-deliverys the file to the Financial Settlement Board, the user must confirm whether the EB21 file and EB22 file are withdrawn by the payer through its own computer program.
(F) After withdrawal of funds from the payer’s account, the Bank shall collect EB21 files and EB22 files, and then send EB23 files containing information, such as an amount to be deposited in the user’s cms mother account, to a financial institution (in the case of this case, the National Bank) with which the cms mother account is opened. In the financial institution that opened the cms mother account, the sum of individual payers’ withdrawals based on the eB23 files shall be deposited into the cms mother account (the date of deposit shall be the business day following the date of withdrawal from the payer’s account).
(2) Date, etc. of the Democratic Labor Party’s Cms transfer
(A) The manual of 2006 states that the payment of party membership fees can be divided into two ways: (a) the payment of the party membership fees can be made by means of a financial settlement source and a direct payment of cash; and (b) the payment of the CMS withdrawal can be made by the central party on the basis of the account entered into the party members information of the party management program in the information on the party members; (c) the central party applies for direct withdrawal through a financial settlement center on the monthly agreed date (5,20,25 days); (d) the local committee states that the application for a change should be completed to the maximum extent possible; (e) the payment of the party membership fees for 5 days, the withdrawal of the party membership fees for 20 days, the withdrawal of the party members fee for 25 days, the withdrawal of the party members fee for each district by the party members program; and (e) the payment of the monthly party membership fees, the details of the payment of monthly party membership fees, the unpaid party members for monthly party membership fees, etc.
All inquiries are possible.
(B) The Defendants transferred a certain amount every month to the account of the Democratic Labor Party as indicated in the facts of the crime in the above CMS transfer method. After the transfer, the details of the transfer of the head of the Tong to the instant Defendants were stated as follows: “0 months per civil labor,” “0 months for the membership fee,” “0 months for the membership fee,” “0 months for the membership fee for the private labor,” “0 months for the private labor,” and “0 months for the private labor-management.”
(C) Prior to February 2005, the Democratic Labor Party received the party membership fee on the 5th day of each month or 25th day without dividing the party members, the party members, and the supporters’ association members. From March 2005 to November 11, 2005, the party members were transferred on the 5th day, 25 days for the party members, 20 days for the party members, 20 days for the party members and the supporters’ association members respectively, from December 2005 to the 20th day for the party members, 5, 25 days for the party members, and 20 days for the supporters’ association members.
(d) Other:
(1) In the conference materials for the regular representatives of the Seoul Special Metropolitan City Party for Democratic Labor in 2005, “at the time of the party members expansion project, the number of party members was 13,054 members due to the increase of 1,150 party members during the second half of the year (in the case of the Seoul City Party), 500 party members were the labor union members, and 200 school members were expanded by 200 school members. However, it is stated that “in the case of the party members expansion project, labor and students concentrated on August 12,000 school, but the total number of party members was 13,054 members during the second half of the year (in the case of the Seoul City Party), 500 party members were the labor union members, and the major workplace was 50 party members and 200 school members were expanded by 20 school members.”
(2) The National Assembly of Public Officials' Unions (hereinafter referred to as the "National Assembly of Workers")' 2004's "data for the Provisional Assembly of 2004" contains "data for the Assembly members and their rights and duties, taking into account restrictions in their status." The details of "the political chairperson of each headquarters branch is responsible for the political chairperson of each headquarters, organize the party, and operate the party-friendly group", and the contents of "the white paper for the 15th National Assembly of Workers' Unions" include "the National Assembly members and the National Assembly members shall join at least 5% prior to the total election," and the contents of "the 11th National Assembly of Representatives" include "the 18th National Assembly of Representatives's 18th National Assembly of Representatives" as a result of the National Assembly of 2007's 15th National Assembly of Representatives' 2007.
(3) The political party's supporters' association system was abolished on March 13, 2006. The Democratic Labor Party shall abolish the supporters' association on the website on March 12, 2006. The Democratic Labor Party shall abolish the supporters' association on March 13, 2006." If the Central Party and City/Do parties' association are deposited into the head of the Central Party's supporters' association and the head of the City/Do party's supporters' association on March 13, 2006.
In the event that the return to the sponsored portion cannot be returned, it is important to pay it to the National Treasury. Even if the supporters' association is abolished, the tax credit and income deduction should not be lost, and the party membership fee paid by the members and the support payment paid to the National Assembly members may be deducted from the tax amount at the time of year-end settlement.
(4) On June 9, 2009, the National Federation of Workers' Unions (hereinafter referred to as the "National Union of Workers' Unions") sent to the National Union of Workers' Unions (hereinafter referred to as the "former Union") a letter that "in 2009, central committee members assigned to the labor sector of the Democratic Labor Party, and representatives shall be notified of the election," and the above public letter states that the former school and the central committee members and representatives assigned to the major labor union in which the Defendants joined as members shall not be disclosed in principle, and 13 or more representatives are assigned to the full school and the major labor union and 3 representatives, unlike others, but the number of representatives is not stated, but 50 or more representatives per 50 representatives, 10 representatives, 100 representatives, 30 or more representatives, 30 or more representatives per 50 representatives, 10 or more per 50 representatives, 10 or more per 50 representatives, 30 or more representatives, 10 or more representatives, 30 or more representatives per 50 representatives, 50 or more representatives.
(5) On the Internet voting site of the Democratic Labor Party, the sponsoring party (a supporters’ association member) starting with the number of 1900 can not be roman, and the party members and the opposition party members can be roman. The Democratic Labor Party did not take any particular measures to prevent the party members from casting a vote (a statement on the date of trial of the case, etc., FD Seoul Central District Court 2010 Height497).
3. Determination
A. Whether the crime of violating the Political Funds Act is valid as a party membership fee
If a person who is not eligible to become a party member as provided in the proviso of Article 22(1) of the Political Parties Act, namely, a public official as provided in Article 2 of the State Public Officials Act or Article 2 of the Local Public Officials Act, has joined as a party member under the Political Parties Act and paid the 'party membership fee' to a political party, not only constitutes a violation of the Political Parties Act regarding the act of joining a party member, but also the 'party membership fee' in the legislative intent of the Political Parties Act means the party membership fee that is paid by the person who has joined a political party and acquired the qualification as a party member under the Political Parties Act. Therefore, it is reasonable to interpret that the act of joining a political party and paying the 'party membership fee' as the 'party membership fee' is a violation of the Political Parties Act separately for the act of paying the 'party membership fee'. In this case, it is compatible with the violation of the Political Parties Act and the violation
The Defendants are state public officials or local public officials who are not eligible for party members under the proviso of Article 22(1) of the Political Parties Act, and if those who are not eligible for party members pay the money in the name of party members after joining a political party, the crime of violating the Political Funds Act may be established separately from the crime of violating the Political Parties Act.
(b) Title of political fund contributions;
(1) Whether or not the party membership fee was paid
(A) Article 23 of the Political Parties Act provides that a person who wishes to become a party member shall submit the application form for joining the political party and apply for joining the political party (Paragraph 1), after deliberation, the political party shall determine whether to permit joining the party and register it on the roster of party members, and the effect of joining the party shall accrue when he is listed on the roster of party members (Paragraph 2), and that a person who is not listed on the roster of party members shall not be acknowledged as a party member (Paragraph 4), but in order to have joined the political party, a public official shall apply for joining the political
However, whether it constitutes a "party member" under Article 23 of the Political Parties Act shall not be determined only by the name determined inside the political party, but also by the application for membership and the approval of membership with intent to have the right and duty as a party member as prescribed by the party constitution and party regulations.
(B) First, we examine whether the Defendants applied for membership in the Democratic Labor Party as the “party members” and registered in the Democratic Labor Party as the “party members” on the roster of party members.
The direct evidence related thereto is the roster of party members (in this case, the information on the party members' roster registered in the party members' management program managed by the Democratic Labor Party. However, in the course of search and seizure of the Democratic Labor Party, two hard diskss were removed from the server of the Democratic Labor Party's "party members and party members' membership fee management system" of the Democratic Labor Party, and the Democratic Labor Party started to set up the claims that the Defendants deleted the information from the party members' management program around September 2008 on the fourth day of the case, including the Seoul Central District Court 2010Da497, and did not submit the roster in the above case, it is doubtful that the Defendants applied for membership as the "party members' roster" or the "party members' roster," rather than the "party members' roster," and there is no doubt that the Defendants applied for membership as the "party members" and applied for membership in the democratic Labor Party's roster or that there is no doubt that the Defendants applied for membership in the democratic Labor Party's favor."
(다) 다음, 민주노동당의 '당우'가 당원과 동일한 권리, 의무를 갖는 것이고, 피고인들이 그러한 사실을 알면서 당원과 동일한 권리, 의무를 가질 의사로 '당우'로 가입신청을 하여 당원명부상 '당우'로 등재되었는지에 대하여 살펴본다.이 점에 부합하는 정황증거들로서는 앞서 인정된 기초사실 및 앞선 증거들에 의하여 인정되는 다음과 같은 사정들, 즉, ① 민주노동당의 개정 전 당규에 '당우의 권리와 의무는 당원과 같다'고 규정되어 있고(2006. 7.경 당헌의 당우 규정은 삭제하였으나, 당규상으로는 당우에 관한 규정을 일부 존치하였음은 앞서 본 바와 같다), 2005년 매뉴얼에 당우(공무원) 가입시 주의사항이 기재되어 있으며, 민주노동당 당원관리프로그램 설명서에는 당원과 당우를 후원회원과는 엄격히 구분하는 취지로 기재된 점, ② 2005. 12.경 이후 당우의 납부일자는 당원의 납부일자인 5일 또는 25일로 변경되었고, 후원당원만 20일인데, 당비 납부 명목으로 기소된 피고인들의 이체일자는 대부분 5일 또는 25일 무렵이고 후원당원을 의미하는 '900'의 당원번호를 부여받지는 않은 점, ③ 민주노동당에서는 서울중앙지방법원 2010고합497 등 사건에서 법원의 당원명부 제출명령에 대하여, 2006. 6.경 당헌상 당우 규정을 삭제한 후 당우로 편재되어 있던 교사 · 공무원에 대한 처리를 못 하다가 2008. 9.경 '당우'14)에 대한 신상정보를 모두 삭제하였다고 회신하였으나, 위 관련 사건 피고인들 중 일부는 2008. 9. 이후에도 민주노동당에 이체를 하였고, 2008. 9.경 삭제한 사실을 수사기관에는 알리지 않다가 2010. 10. 21. 서울중앙지방법원 2010고합497 등 사건의 제4회 기일에 이르러서야 증인 FD의 증언을 통하여 이 법원에 최초로 알렸으며, 민주노동당의 당직자가 수사기관의 2010. 2.경 민주노동당 서버에 대한 압수수색영장 집행 과정에서 민주노동당의 '당원 · 당비 관리시 스템' 서버 안에 있던 하드디스크 2개를 반출하기도 하였던 점 등을 고려하면 민주노동당의 위 회신 내용은 쉽게 믿기 어려운 점, ④ 민주노동당 2005년 매뉴얼에 당우도 당직선거에 출마할 경우 비공개를 원칙으로 하며, 후보자를 적극 보호한다고 되어 있는 점, ⑤ 2004년경 이후 전공도 측에서 조합원들을 민노당의 당우로 가입시키기 위한 활동을 전개한 것으로 보이는데, 2005년부터 2006년까지 선관위 노조의 FE을 역임하면서 전공노 FF을 겸직하였던 FG는 서울중앙지방법원 2010고합750 등 사건에 증인으로 출석하여 "2004년 이후 전공노 위원장 등이 전공노 노조원들이 민노당에 당우로 가입하는 문제에 대해 문의를 해서 '당우도 당원과 같은 것이므로 위법하다'는 취지로 답변을 하였고, 2006년경에는 전공도 대의원대회, 중앙위원회에서 민노당 당원 · 당우 가입 사업이 안건으로 올라와서 불법한 것이라는 의견을 공개적으로 표명하여 그것을 부결시켰다."는 등의 진술을 한 점 등이 있다.
However, comprehensively taking account of the following circumstances acknowledged by the aforementioned evidence, the Defendants, without knowing the contents of the regulations of the Political Party Regulations prior to the amendment, seems to have merely accepted the status of 'party membership' and applied for membership as 'party membership' in order to support the Democratic Labor Party. In full view of these circumstances, it is difficult to see that the Defendants applied for membership as 'party membership' with the intent to hold the same status as 'party membership' under the Political Party Act, and there is no other evidence to acknowledge it otherwise.
1) The Democratic Labor Party is classified into party members, party members, support members, etc. under the party members management system. It seems that there are many cases where the concept of "party members" in the Democratic Labor Party is used in combination with concepts including party members, party members, and supporters' association members (after working as the party members of the Democratic Labor Party as the party members, the FD children working as FD of the current Democratic Labor Party at the time when two children were living in around 201).
2) Since the literal meaning of the word "party objection" is "party's friendship", it is easy for the general public to accept the meaning of "party objection" as "party member" rather than "party member who has the right and duty to the party," before specifically ascertaining the contents of the rule before the amendment of the Democratic Labor Party (the same as the party member's duty to the party).
3) The joining as a party member is sufficient to be registered on the roster of party members, and it is not recognized as a party member only if he exercises his rights as a party member after being registered on the roster of party members. However, whether the Defendants actually exercised their rights as a party member or not or not shall be a good evidence to presume which the Defendants joined at the time of joining. In this case, there is no special evidence to support that the Defendants exercised their rights as a party member, such as voting for the election on duty as a party member or going to the election on duty, except for the amount paid monthly after the Defendants started to transfer 10,000 won per month, and there is no other evidence to support that the Defendants were participating in the voting for the election on duty as a party member or going to the election on duty. Rather, there is a doubt that the Defendants did
4) The Democratic Labor Party reported the money transferred from the party members at the time of the transfer of the money from the party members to the “party membership fee” on the front line.
5) The Defendants were aware to some extent that public officials are unable to join a political party as a party member and thus are unable to pay the party membership fee that is paid as a party member. However, if the Defendants intended to join as a party member, it is more likely that they would choose a 'direct payment' method as stipulated in the Regulations rather than paying the party membership fee through the Cms method remaining, and it is more reasonable to view that they transferred money through the Cms method as simply a meaning of support.
6) From the time when the Democratic Labor Party was established on January 1, 200, FI went to FJ and FK after becoming a party member of the Democratic Labor Party. Since then, FI retired from office to leave FL of the Democratic Labor Party in around 2008, who was employed as a teacher, but at the court of the case including the Seoul Central District Court 2010Rahap497, FI stated that “The fact that FL was to leave is a specific political party activity of the Democratic Labor Party” was that “I would immediately be a specific political party activity of the Seoul Central District Court, and that if I knew of the law that it would not be a teacher, it would be impossible to maintain his position because he would not be said to be a teacher. Ultimately, I left a religious order that has been sealed for a period of up to 200 years after the end of the consideration. There was no reason to make a statement as a party member.”
(D) Ultimately, it is difficult to view that the Defendants joined as party members or agreed to hold the same status as the party members, and it is also difficult to evaluate the nature of the amount paid by the Defendants as the party members fee.
(2) The possibility of recognizing the payment as the "support payment" and the need for modifying the indictment.
(A) As seen above, although the amount paid by the Defendants cannot be recognized as party membership fee, it is reasonable to view that the Defendants transferred money under the name of “support fund” in full view of the developments leading up to the transfer of the money of this case, the intent of the Defendants related thereto, and other various circumstances.
(B) However, if it is recognized that the payment of support money was made differently from the facts charged, it can be said that there is a need to modify the indictment.
In order to recognize facts constituting a crime different from those stated in the indictment ex officio without changing the indictment, the court shall not only be identical to the facts charged, to the extent that it is recognized as identical to the facts charged, and shall not cause substantial disadvantages to the defendant's exercise of his/her right to defense (see, e.g., Supreme Court Decision 2010Do5975, Sept. 9, 2010
The facts charged in the indictment of this case are that "the defendant violated Article 45 (1) of the Political Funds Act by transferring the money in the name of "party membership fee" to the Democratic Labor Party, and the facts charged as above by the court are that "the defendant violated Article 45 (1) of the Political Funds Act by transferring the money in the name of "support fund" to the Democratic Labor Party." Thus, since all of the funds transferred are funds not included within the scope of legitimate political funds as provided by the Political Funds Act, the evaluation of the name is only different, and it is recognized as facts within the scope recognized as identical to the facts charged.
In addition, according to the defendants and their defense counsel's argument, the situation that the support fund could have been donated to a political party's supporters' association before March 13, 2006 and thereafter, if a person other than the designation authority of a supporters' association establishes and operates a supporters' association or a similar organization of a supporters' association, he/she has undergone a sufficient examination process about whether only the installer and operator would be punished pursuant to Article 45 (2) 1 of the Political Funds Act. Therefore, even if he/she recognized the said transfer fund by changing the name of the above transfer fund from the "party membership fee" to the "support fund" without changing the indictment, it is judged that there is no concern that the defendants' exercise
Therefore, since the statement of "party membership fee" in this part of the facts charged is merely a necessary indication in the process of generally and exceptionally specifying that it is a political fund contributed by means other than those provided for in the Political Funds Act, it is not likely that the Defendants' exercise of their rights of defense may not cause any substantial disadvantage, this court can recognize the name of "party membership fee" as a "support fund" ex officio without changing the indictment.
C. The Defendants’ intent (whether there is a criminal intent to pay money for the party itself) at the time of consenting to the Cms transfer
As asserted by the defense counsel of the Defendants, the application for membership to the Democratic Labor Party has the nature of the withdrawal transfer consent required for the cm transfer, and as can be known from the transfer to the account of the supporters' association from March 2005 to December 2, 2005, the accounts of a separate organization called the Democratic Labor Party and the Democratic Labor Party supporters' association operated by a single system, and there is room to deem that the consent for the collection transfer to the " supporters' association made before the abolition of the supporters' association on March 13, 2006" was invalidated at the time of abolition of the supporters' association. In light of the above, it is true that the Defendants’ intent to agree to the withdrawal transfer was not directly sponsored for the Democratic Labor Party, and regarding the transfer to the Democratic Labor Party made after the abolition of the supporters' association, it is not necessary to recognize the Defendants’ intention as the result of abuse of the democratic Labor Party's authority to collect.
However, if the Defendants were to know of the following circumstances acknowledged by the evidence, namely, ① the Democratic Labor Party was removed from March 205 to November 205, and the Defendants were to be removed from 205, and then reported the money transferred to the Election Commission of the Democratic Labor Party (hereinafter “Election Association”) at the time of 20 days prior to the abolishment of the Political Party’s membership fee. However, the Defendants were to receive 3 tax credits from 60 days prior to the abolishment of the receipts, and the Defendants were to receive 10 days prior to the abolishment of the receipts and receipts and receipts from 20 days prior to the abolishment of the said political party’s membership fee. However, the Defendants were to receive 10 days prior to the abolishment of the receipts and receipts from 10 days prior to the abolishment of the said political party’s membership fee, and the Defendants were to receive 2 days prior to the closure of the said receipts and receipts from 20 days prior to the closure of the said political party’s membership fee. However, the Defendants were to be paid to the Central Labor Association.
In light of the fact that the Defendants were able to know that they were the democratic labor party rather than the association of the Democratic Labor Party at that time, the Defendants were aware of the fact that they had either suspended transfer of money or asked about the Democratic Labor Party. In light of the fact that the Defendants were aware of the fact that at the time of the preparation of the “application for membership to the Democratic Labor Party” or at the time of the transfer of each of the above money, the Defendants were aware that they would transfer the money in the name of the support fund to the Democratic Labor Party, and therefore, the Defendants were aware that they would be directly paid the support fund to the Democratic Labor Party.
[In relation to this, the defendants and their defense counsel asserted that the defendants' act is only subject to a fine for negligence under Article 51 (3) 3 of the Political Funds Act and there is no penal provision as to the subsequent act of contribution. However, as seen earlier, the defendants' act is an act of paying money in the form of support directly to the Democratic Labor Party (which is not a supporters' association) rather than joining the supporters' association as provided by the Political Funds Act, and it is reasonable to view that the defendants' act of paying support money such as support money, etc. as stated in the judgment on the Democratic Labor Party constitutes "the act of contributing political funds in a way that is not provided
D. Determination of justifiable grounds for a mistake of law
Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding. However, it is generally accepted that his act constitutes a crime, but it does not constitute a crime under the Acts and subordinate statutes in his own special circumstances, and if there are justifiable grounds for misunderstanding, it shall not be punishable. Whether there exists justifiable grounds or not should be determined depending on whether the act of misunderstanding is not aware of illegality as a result of his failure to perform his/her act, even though it was possible to recognize illegality in his/her act if he/she had performed his/her own intellectual ability and made a serious effort to avoid it. The degree of efforts necessary for recognizing illegality should be determined differently according to the detailed situation of the act, the person's individual awareness ability, and social group to which the actor belongs (see, e.g., Supreme Court Decision 2010Da71679, Jul. 15, 2008).
The Defendants and their defense counsel asserted that the act of directly paying support money to the Democratic Labor Party was legitimate through publicity on the side of the Democratic Labor Party and the explanation of the persons related to the Democratic Labor Party, but the Defendants were sufficiently aware that the act of directly paying support money to the Democratic Labor Party was more strict than that of a certain position, such as the prohibition of joining the political party, and that the act of directly paying support money to a specific political party was legitimate, and there was a sufficient doubt as to whether the act of directly paying support money to the specific political party was legitimate. In this sense, the Defendants should have sought only explanation of the persons related to the Democratic Labor Party or the persons related to the political party and made every effort to inquire of the relevant agencies or to find laws and regulations, not to decide that the above act was lawful, and if so, they could have sufficiently known that the act of directly paying support money to the political party is not allowed
Therefore, the mere fact that the above act was lawful by the persons related to the Democratic Labor Party cannot be deemed as having made a serious effort to avoid this act by fulfilling their intellectual abilities, and as a result, it cannot be said that it did not recognize the illegality of one’s own act. Therefore, it is difficult to say that there is a justifiable reason.
E. Determination as to the assertion that there is no penal provision against a person who paid a support payment to an illegal supporters' association or a similar organization of supporters' association
Article 45 (2) 1 of the Political Funds Act provides that "any person who is not the person authorized to designate a supporters' association, but establishes and operates a supporters' association or a similar organization for the purpose of contributing political funds shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won."
As to whether the Democratic Labor Party established and operated a supporters’ association or a similar organization, and the Defendants may be deemed to have paid the money to such organization, the Defendants do not appear to have established and operated a supporters’ association or a similar organization solely on the basis of the fact that the Defendants joined the Democratic Labor Party as a party member or a sponsor. It does not appear that the Democratic Labor Party has established and operated a supporters’ association or a similar organization (title, organization, representative, etc.). Therefore, the Defendants’ above assertion is rejected.
The Defendants, on the grounds of sentencing, have contributed to illegal political funds of 550,000 won in total, which are less than 10,000 won by transferring money to the Democratic Labor Party under the pretext of support payments, supporters’ association expenses, etc. on a regular or irregular basis. Such Defendants’ act is an act detrimental to the legislative intent of the Political Funds Act, the purpose of which is to contribute to the sound development of democratic politics, by guaranteeing the adequate provision of political funds, securing transparency, and preventing irregularities related to political funds.
However, the defendants' regular payments were small amounts of KRW 10,00 per month, and the total amount was not high, and most of the defendants' contributions were terminated before a considerable period of time from the prosecution date of this case. Many of the defendants could not confirm the form and procedure of support to political parties through a political party's association, but it is difficult for the general public to know the difference between direct support to political parties and support through a political party' association. The defendants' act of donation is prohibited under the relevant Acts and subordinate statutes. The defendants' act of donation seems to have some aspects of trusting the explanation of the political party's direct support under the relevant Acts and subordinate statutes. The defendants were faithfully serving as public officials; the defendants' act of donation was completed before the prosecution date of this case; the most of the defendants did not confirm the form and procedure of support to political parties through a political party's supporters' association; however, it appears that the defendants' act of donation is too harsh; the records and circumstances of the crime; the circumstances leading up to the defendant's career and behavior; and the details of the crime after the crime;
Acquittal Parts
I. Summary of the facts charged
No local public official may become a member of any political party, or become a political party or other political organization.
The Democratic Labor Party is a political party under the Political Party Act, which was formed on January 30, 200 and registered on May 24, 200. The Democratic Labor Party has established a system of "party members" and "party members" as "party members" under the Act and subordinate statutes, and those who participate in party activities are entitled to become party members pursuant to the ideology and policy of the Democratic Labor Party, and those who consent to the ideology and policy of the Democratic Labor Party and participate in party activities are entitled to participate in the party activities. The "party members" have the right to participate in all activities related to the party decision-making. The "party members" bears the obligation to pay party membership fees, the obligation to comply with the party decision-making and order of the party members, and those who intend to participate in the activities of the party members in the form of "party members at their domicile" are entitled to join the local committee and so forth.
On the other hand, the Democratic Labor Party newly established and operated the "Ex Post Facto Party Members" system from July 23, 2006, which was established after the abolition of the "Party Members' Association" system as well as the "Party Members."
1. X "201 Gohap108" Defendant X;
After being appointed as a local public official on December 30, 1993, the defendant is currently in office as the Bacheon-gun Office BV and a assistant local industry assistant.
On or before March 27, 2006, the Defendant applied for the “party membership fee (including the “party membership fee”) to the Democratic Labor Party (including the “party membership fee”) and automatic payment of the party membership fee through the Cms transfer method, and was registered on the roster of party members (CZ). From March 27, 2006 to January 25, 2010, the Defendant was admitted as a party member from March 27, 2006 to January 25, 2010.
After being appointed as a local public official on July 20, 1990, the defendant is currently serving as a regional educational administrative assistant at DJ High School.
On or before April 5, 2006, the Defendant applied for the “party membership fee (including the “party membership fee”) to the Democratic Labor Party (including the “party membership fee”) and automatic payment of the party membership fee through the Cms transfer method, and was registered on the roster of party members (party membership number DK), and was admitted as a party member from April 5, 2006 to October 5, 2009.
After being appointed as a local public official on December 14, 1991, the Defendant is currently serving as DM in the construction city of Chuncheon City and local administrative officials.
On or before March 27, 2006, the Defendant applied for the membership fee payment to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of the party membership fee through the CMS transfer method,” and was registered on the roster of party members (party members No. DN). From March 27, 2006, until January 25, 2008, the Defendant was admitted as a party member. 4. “201Gohap 118, Defendant AG”
The defendant is a local public official appointed on March 13, 2005, and is currently working as a three-party community welfare clerk.
On or before March 27, 2006, the Defendant applied for the “party membership fee” to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of the party membership fee through the CMS transfer method,” and was registered on the roster of party members (party members). The Defendant was admitted as a party member from March 27, 2006 to April 13, 2010.
5. 2011 Highest 119 Defendant AH;
After being appointed as a local public official on February 1, 1990, the defendant is currently working as the head of the Done Done-Viewing DP bureau's function as the head of the Done-Viewing DP bureau.
On or before March 27, 2006, the Defendant automatically applied for the payment of party membership fees to the Democratic Labor Party through the membership of the party members (including the “party members”) and the Cms transfer method, and was registered on the roster of party members (party members). From March 27, 2006 to July 28, 2009, the Defendant was admitted as a party member. The Defendant AI of “201 Highis 120” on June 6, 201.
After being appointed as a local public official on August 18, 1992, the defendant is currently working as a member of the DDR local administrative assistant.
On or before April 5, 2006, the defendant applied for the "party membership fee" to the Democratic Labor Party (including the "party membership fee") and the "Automatic payment of the party membership fee through the Cms transfer method," and was registered on the roster of party members (party members number DS), and was admitted as a party member from April 5, 2006 to January 6, 2010.
7. 2011Gohap121, Defendant AJ
After being appointed as a local public official on September 13, 1994, the defendant is currently serving as the DT and local facility owner of the Gangwon-do Office for Construction Disaster Prevention.
On or before April 5, 2006, the Defendant applied for the “party membership fee” to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of the party membership fee through the method of registering the membership fee on the roster of party members (party members number DU), and was admitted as a party member from April 5, 2006 to October 5, 2009.
After being appointed as a local public official on January 17, 1994, the defendant is currently working as a member of the Seocheon-gun Office DV and local administrative affairs.
Around April 5, 2006, the Defendant applied for a party membership fee to the Democratic Labor Party (including a "party membership fee") and automatic payment of the party membership fee through the Cms transfer method, and was registered (party membership number DW) on the roster of party members, and was admitted as a party member from April 5, 2006 to May 8, 2009.
9. "2011 Highest 123 / [Defendant AL]
After being appointed as a local public official on January 17, 1998, the defendant is currently serving as a member of the Doctrine Doctrine of the Doctrine Office.
On or before April 5, 2006, the defendant applied for the "party membership fee" to the Democratic Labor Party (including the "party membership fee") and the "Automatic payment of the party membership fee through the Cms transfer method," and then registered (party membership fee DY) on the roster of party members. From April 5, 2006 to February 5, 2008, the defendant was admitted as a party member.
10. "Defendant AM" 201 deceased 124;
After being appointed as a local public official on January 1, 1997, the defendant is currently working as the Jeju Military Office and the local public official on January 1, 199.
On or before April 5, 2006, the defendant applied for the "party membership fee" to the Democratic Labor Party (including the "party membership fee") and the "Automatic payment of the party membership fee through the Cms transfer method," and then registered (party membership number EA) on the roster of party members, and was admitted as a party member from April 5, 2006 to January 6, 2010.
11. "201 Highest 125, DefendantN;
After being appointed as a local public official on July 17, 1992, the defendant is currently working as a senior local administrative assistant for the prime citizens.
On or before March 27, 2006, the Defendant applied for the “party membership fee” to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of the party membership fee through the CMS transfer method,” and was registered on the roster of party members (party members EB). From March 27, 2006 to January 25, 2010, the Defendant was admitted as a party member.
After being appointed as a local public official on August 1, 1989, the defendant is currently in office as the EI and functional local machinery of Grade VII.
On or before March 27, 2006, the Defendant automatically applied for the payment of party membership fees to the Democratic Labor Party (including the “party membership fee”). After registering (party membership number EJ) on the roster of party members from March 27, 2006 to May 26, 2008, the Defendant was admitted as a party member from March 27, 2006 to May 26, 2008.
After being appointed as a local public official on March 9, 1984, the Defendant is currently serving as the CL of the Triman Strategic Industry Bureau and as a petition forest guard.
On or before March 27, 2006, the Defendant applied for the “party membership fee” to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of the party membership fee through the method of registering the membership fee on the roster of party members (party members EK), and was admitted as a party member from March 27, 2006 to January 25, 2008.
The defendant is a local public official appointed on June 22, 1991 and currently serving as a local administrative assistant for Chuncheon Viewing.
On or before March 27, 2006, the Defendant applied for the “party membership fee” to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of the party membership fee through the Cms transfer method,” and was registered on the roster of party members (party membership number EL). From March 27, 2006 to January 25, 2010, the Defendant was admitted as a party member from March 27, 2006 to January 25, 2010.
The defendant is a local public official appointed on December 1, 1987 and currently serving as a guard for local agriculture for the viewing of three-party citizens.
On or before April 5, 2006, the Defendant applied for the “party membership fee” to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of party membership fee through the Cms transfer method,” and was registered on the roster of party members (M). The Defendant was admitted as a party member from April 5, 2006 to February 2008, and from February 5, 2006.
After being appointed as a local public official on January 6, 1996, the defendant is currently serving as the CW of the Hacheon-gun Office and the Korea Coast Guard.
On or before April 5, 2006, the defendant applied for the "party membership fee" to the Democratic Labor Party (including the "party membership fee") and the "Automatic payment of the party membership fee through the Cms transfer method," and then registered on the roster of party members (party members EN). The defendant was admitted from April 5, 2006 to March 5, 2008 as party members.
17. "201Hau135, Defendant AX"
After being appointed as a local public official on March 15, 2001, the Defendant is currently serving as a Grade VIII local electrical source (electric) at the YY EO function.
On or before April 5, 2006, the Defendant applied for the payment of party membership fees to the Democratic Labor Party through the entrance of the party members (including the party members) and the Cms transfer method, and was registered on the roster of party members (EP) and was admitted as party members from April 5, 2006 to March 5, 2009.
18. "2011 Gohap136" Defendant AY
After being appointed as a local public official on April 9, 192, the defendant is currently working as the local administrative leader of the Chuncheon Gun State.
On or before April 5, 2006, the defendant applied for the "party membership fee" to the Democratic Labor Party (including the "party membership fee") and the "Automatic payment of party membership fee through the Cms transfer method," and was registered on the roster of party members, and was admitted as a party member from April 5, 2006 to January 6, 2010.
19. 201 Highest 137. Defendant AZ
After being appointed as a local public official on October 11, 1996, the defendant is currently working as a local administrative assistant in the jurisdiction of the Chuncheon City.
On or before April 5, 2006, the defendant applied for the "party membership fee" to the Democratic Labor Party (including the "party membership fee") and the "Automatic payment of party membership fee through the Cms transfer method," and then registered on the roster of party members (party members). The defendant was admitted from April 5, 2006 to February 5, 2008 as party members.
20. 201Gohap140 Defendant BC
After being appointed as a local public official on April 19, 198, the defendant is currently working as a local administrative assistant in the Dong Sea and Viewing Administrative Support Bureau CG.
On or before April 5, 2006, the Defendant applied for the “party membership fee” to the Democratic Labor Party (including the “party membership fee”) and the “Automatic payment of the party membership fee through the CMS transfer method,” and was registered on the roster of party members (EU of party members number). From April 5, 2006 to March 5, 2008, the Defendant was admitted as a party member from March 5, 2008.
The defendant was appointed as a local public official on August 25, 1992 and was removed from office on December 29, 2004, and was reinstated on December 20, 2007, and is currently serving as a senior local administrative officer for prime citizens.
A. On or before March 27, 2006, the Defendant applied for the “voluntary payment of the party membership fee” to the Democratic Labor Party (including the “party membership fee”). After registering on the roster of party members (party members EY) from March 27, 2006 to February 25, 2008, the Defendant was admitted as a party member. (B) The Defendant applied for the “voluntary payment of the party membership fee and the “Automatic payment of the expenses of the supporters’ association by means of the “member’s association” and the “CMS transfer” before or after the application, and then became admitted as the support party member from July 2006 to January 20, 2010.
Ⅱ. Defendants (Defense Counsel) and the Prosecutor’s Summary of the Claim
1. Defendants and defense counsel
A. The violation of the Political Parties Act and the violation of the Local Public Officials Act stated in each of the above facts charged constitute an immediate crime upon completion of the act of joining as a party member. This part of the indictment against the above Defendants was instituted on July 22, 201, after the statute of limitations for each of the above Defendants was expired.
B. Since the continuous crime requires the continuation of the requisite act as well as the occurrence of an illegal state, the continuation of the act and the continuation of the illegal state coincides with the continuation of the act. An immediate crime is a criminal whose crime is completed at the same time with the occurrence of a constituent consequence. As to the nature of the crime related to joining an organization, the Supreme Court consistently held that the crime is a crime upon which it is completed by forming or joining the organization
C. The elements of a violation of the Political Parties Act are "an act of becoming a member of a political party", that is, an act of becoming a member of a party and an act of violating the Local Public Officials Act is "an act of joining a political party" as it is in the law, and an act of joining a political party is not completed upon termination of a crime and
2. A prosecutor;
The continuing crime is a crime in which the state of illegality is maintained even after the infringement of legal interest has been completed, and the intention of the above legal status is maintained and maintained and maintained. According to the precedent, the requisite act of the crime is assumed to continue at time or the state of the aggravated illegal act continues. For the following reasons, the violation of the Political Parties Act and the violation of the Local Public Officials Act stated in each of the above facts charged are not an immediate crime but a continuous crime.
A. Violation of the Political Parties Act
(1) Since the Political Parties Act punishs a person who becomes a party member and does not write an expression "a person who has joined" differently from other crimes that constitute a crime of joining a political party, the Political Parties Act explicitly purports to punish a person who is ineligible as a party member, and thus, continues to continue to exist at a time in accordance with the elements of the Act, since it is apparent in the text of the Act.
(2) A state of infringement on the legal interests protected by the Political Parties Act relating to a violation of the Political Parties Act, in which the status of becoming a member of a political party continues in violation of the Political Parties Act, and an act of becoming a member of a political party includes broad political
(3) The core of the illegality of joining a dual organization, violence organization, etc. is directly connected to the illegality of that organization. However, since the violation of the Political Parties Act continues to exist in a state of violation of the prohibition obligation, since the period in which a person who becomes a member of a political party maintains his status as the core of illegality in the "identification of a person who becomes a member of a political party" continues to be in violation of the prohibition obligation,
B. Violation of the Local Public Officials Act
(1) Although the text of the Local Public Officials Act states "a party's accession", Article 57 of the Local Public Officials Act imposes a continuous prohibition obligation as long as he/she holds his/her status, and Article 82 of the Local Public Officials Act punishes a violation of the duty of omission by prescribing penal provisions on this matter, and it cannot be interpreted simply as a temporary and disposable violation of the duty of omission.
(2) As in the case of the violation of the Political Parties Act, a state of violation of political neutrality is continued as long as admission is maintained even after the completion of admission, and there is a core of illegality in the status of a party member.
(3) The general attitude of the theory on the crime of joining the organization is, unlike the case law, deemed to be a continuous crime.
C. Substantial problems if viewed as an immediate crime
(1) Unlike the crime of joining other organizations, there is no provision for punishment for activities after joining, and there is a problem of the following punishment.
(2) If it is discovered that three years have passed after joining a party member, it is difficult to punish the party member, and it cannot be punished if the party member continues to engage in activities as a party member or exercise his/her right to vote after being punished once in violation of the Political Parties Act. In the case of foreigners, it is possible to conduct
(3) In the case of local public officials, there is a problem that the act of paying party membership fees can not be punished, and disciplinary action is a separate area from criminal punishment, and disciplinary action may be an issue of prescription, and a problem of continuing political party activities may arise in accordance with the result of disciplinary action.
(4) After joining a political party, a person who has become a public official while maintaining his status as a party member cannot be punished for his membership itself.
II. Judgment
1. Provisions concerning the Political Parties Act and the Local Public Officials Act;
annex 'Related legal provisions' see Annex 'Related legal provisions.
2. Relationship between a violation of the Political Parties Act and the Local Public Officials Act;
Article 57 (1) of the Local Public Officials Act means only the joining as a party member under the law of a political party, and ultimately, the meaning of joining a political party under Article 53 of the Political Parties Act and Article 57 (1) of the Local Public Officials Act is the same.
3. Review:
In full view of the following, it is reasonable to view that the violation of the Political Parties Act and the violation of the Local Public Officials Act by joining party members fall under all immediate crimes, and the statute of limitations is reckoned from the time of entry on the roster of party members at the time of completion
A. The crime of joining an organization is completed when the procedure of joining is completed. In the case of verbal joining the organization, it is terminated when the other party is aware of the intention of the other party and can be deemed to have approved or approved it. In the case of joining the organization in writing, if the other party can be deemed to have approved or approved it, the elements of the crime of joining are terminated, and the requirement of the crime of joining are not required to continue at the time. In other words, it is doubtful whether the act of joining the organization itself is not an unlawful state as a member of the organization, such as the crime of arrest, confinement, and confinement. However, unless the act of joining the organization does not continue itself, it is not a continuous act of joining the organization, but it is not a situation where the result of the constituent act continues after the completion of the act of joining the organization. This is different from that of the acquisition of another person's property in larceny or embezzlement, and thus, it should be distinguished from the continuation of an unlawful state in the crime of continuing committing (see Supreme Court Decision 429357 delivered on April
B. In the case of violation of the Local Public Officials Act, it clearly expresses that "a person who has become a party member" in the law itself, while there is a difference in the expression of "a person who has become a party member" in the case of violation of the Political Parties Act, but in the nature of the political party which has the nature of the association, a member is a party member to join the political party in order to become a party, and in addition, Article 23 of the Political Parties Act also stipulates the application of "party member", the deliberation of the examination agency, the decision of whether to grant permission, the procedure for registration of the party member, and the confirmation that the "party member" is not recognized as a party member when he is registered on the roster of party members, and that the effect of "party member" is only the act of becoming a party member, that is, the act of becoming a party member, that is, the act of becoming a party member to become a party member, and the nature of the violation of the Local Public Officials Act and the act of joining other organizations and the act of establishing such organization.
C. According to the legal principles as seen earlier, the act of joining a political party as a party member under the provisions of the Political Parties Act and the crime of joining a party, is terminated by being registered on the roster of party members, and it does not require the continuation of additional acts
D. The Political Parties Act and the Local Public Officials Act, unlike other crimes against the other crimes of joining, provide a prohibition provision, and there is a little difference in the form of provision in the case of other crimes of joining, and in the case of other crimes of joining, the "organization itself" itself is illegal, but the violation of the Political Parties Act is punished as a public official, so there is a little difference in the nature of the crime. However, the completion point of the "act of joining" itself is not different from other crimes of joining.21)
E. Although a public official has continued to be in violation of the duty of prohibition of joining a political party even after he/she was admitted to a political party, if the statute of limitations does not run even if he/she did not run any political party even after he/she was admitted to a political party, it is unreasonable to view that the statute of limitations does not run even if he/she did not run any political party after he/she was admitted to a political party.
F. Although there is concern that the punishment due to the completion of the statute of limitations may arise when deeming a violation of the Political Parties Act as an immediate crime, the act of paying party membership fees after joining a party member can be punished as a violation of the Political Funds Act (the act of paying party membership fees as a party member or participating in election as a party member in a large political party). As such, a violation of the Political Funds Act may be punished by a disciplinary action, etc. (in the case of multiple political acts for a party to which a party member was admitted, Articles 84 and 65(2) through (4) of the State Public Officials Act, Article 27 of the State Public Officials Service Regulations shall be punished, but in the case of a State public official, Article 65(4) of the State Public Officials Act, Article 27 of the State Public Officials Service Regulations, and Article 27 of the State Public Officials Service Regulations shall not be applicable).
In the case of Article 4 of the Punishment of Violences, etc. Act, the Supreme Court Decision 93Do99 Decided June 8, 1993 ruled that Article 4 (23) of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 1990) is a crime immediately. After changing Article 4 (1) into "organization and activity of an organization, etc." through the amendment of December 10, 1993, newly established a penal provision for various activities after joining below paragraph 2, and newly established a penal provision for 24), 206, 24 March 24, 199 through the revision of Article 4 (1) that "a person who forms an organization or group aimed at committing a crime prescribed in this Act, or who joins such an organization or group, or who joins such a group or group, or was a member thereof, shall be punished by the following:
IV. Conclusion
Therefore, each part of the indictment against the above Defendants is clearly recorded as of July 21, 201, when the statute of limitations has expired from the time of joining each of the above facts charged. Thus, each of the facts charged against the above Defendants is the time when the statute of limitations has expired, and thus, each of the facts charged against the above Defendants shall be acquitted pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act.
Judges
The presiding judge, the senior judge;
Judges Jeon Soo-hoon
Judges Lee Jin-hee
Note tin
1) The prosecutor prosecuted that he paid the party membership fee under the name of "party membership fee", but, as seen thereafter, he/she intended to join as a party member of the Defendants.
It is insufficient to recognize that the defendants paid the money, and the "party membership fee" of the Political Fund Act is paid in the position of party members under the law of a political party.
It is difficult to readily conclude that there was an intention to directly pay support payments to a political party, and it seems that the prosecutor tried to pay support payments directly to the political party.
The portion which was charged with the payment under the name of "expenses" shall be changed to the name of support payments.
2) Article 31 of the Political Funds Act (Restrictions on Contributions)
(1) No foreigner, domestic or foreign corporation or organization shall contribute political funds.
Article 45 of the Political Funds Act (Offense of Giving and Receiving Political Funds)
(2) Any of the following persons shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won:
5. One who has contributed or received political funds in violation of the provisions of Article 31 or 32;
3) Article 51 of the Political Funds Act (Imposition, Collection, etc. of Fines for Negligence)
(3) A person who commits any of the following acts shall be punished by an administrative fine not exceeding one million won:
3. One who has caused anyone who is not eligible for a member of the supporters' association to admit him/her to such supporters' association in violation of the provisions of Article 8 (1);
4) The Democratic Labor Party shall pay party membership fees to the support party members to the election commission around June 2006 in the course of this process, and the right to vote and to be elected.
If a member who does not exercise his/her right to vote is separately managed under the name of the sponsor, it is judged whether it is illegal under the Political Parties Act.
State time is U.S.* Whether or not to become a sponsor shall be a general member, depending on his own free will, and “Ear’s inquiry”.
In this case, the answer was received from "......"
On the other hand, in the manual for the workers on duty of the Democratic Labor Party in 2006, the "party members" are party members with the right to be party members, and the sponsor members are party members.
It is a member of a political party, but rather than actively engaging in the party activities. A person who intends to join a party member shall be to a certain extent of the party activities.
It is written that "it is necessary to confirm whether there is interest and participation, and to select one of the party members and sponsor members who want."
5) In the party constitution, the provision of the party competition is deleted, and the provision of the party competition is maintained in the party competition rules, but the rights and obligations of the party competition in the party competition regulations before the amendment are the same as party members.
C. Article 11, Paragraph 1, Paragraph 4, which provides for the contents of "c." was deleted.
6) It was limited to the full-time manual of the Democratic Labor Party in 2005 (hereinafter “the 2005 manual”) and the watchkeeping manual in 2006 (hereinafter “the 2006 manual”).
C) See, etc.
7) It seems that the Political Parties Act and the Regulations of the Democratic Labor Party are not relevant to the Democratic Labor Party.
8) In the case of a return by the Central Party, where there is a party member who has left from the Central Party (in receipt of a statement of reasons for return, and in the case of return through the Steering Committee of the Regional Committee
If there is any disagreement between the central authority and the party membership fee, there is no contact information.
9) On the contrary, FD’s participation in the program of the supporters’ association and the central party of the Sponsorado in the process of examining the Seoul Central District Court 2010 Gohap497 case
A statement was made to the effect that the procedure is required.
10) On the other hand, the Democratic Labor Party is the same cMS transfer method with respect to the money, the nature of which is entirely different from the land price, etc.
In the case of transfer to the account, the number of payer was assigned, but the number is different (4-5 forms), and the manual in 2005.
In this regard, ‘the original management program' and ‘the institutional self-management program' are not linked to each other.
11) In the composition items of this file, the contents of the passbook other than the amount requested for withdrawal, resident registration number of the name of the head of the Tong, and the serial number of the payer (the contents indicated in the passbook).
There are the contents of the withdrawal. Accordingly, the contents of the entry in the passbook entered by the user agency ( Democratic Labor Party) shall be the payer's passbook (in this case, the Defendants
shall be entered in the passbook.
12) A commercial bank that opened an account with which the payer’s money is withdrawn shall pay directly the same amount as the actual contribution to a majority, or to the Cmmms parent account.
bank is the structure at which the Cmmp total account issuing bank (in the case of this case, a national bank), and for this purpose, and the payer.
The settlement process between the banks to which the account is established shall be conducted by the difference settlement system established in the Bank of Korea.
13) ‘*****' is treated in anonymously among 16 parts of the 16th Franchis who have joined the Democratic Labor Group, which is specified as such.
section 1.
14) In the case of teachers and public officials, the Democratic Labor Party, in principle, did not manage teachers and public officials as "persons of supporters' associations", even if they apply to them as "persons of supporters' associations."
The reply was made.
15) FD’s payment to the members of the political party and the supporters’ association by December 2005, 2005, in the court of the case including the Seoul Central District Court 2010 Gohap497.
Unclaimed party membership fees, supporters' association expenses, etc. shall be transferred to the reporting account of the supporters' association for the Democratic Labor Party, and the revenue of supporters' association on the election of the supporters' association for the Democratic Labor Party.
was reported. At the time, a fixed-amount receipt or a fixed-amount receipt was issued to the amount paid by the party and the supporters' association members. Democratiction was made.
The Labor Party reported as the revenue of the supporters’ association is to issue a receipt for the suspension of the business, and the Democratic Labor Party is to hold office from the supporters’ association.
In order to create the EB13 files for party members, party members, and supporters in a democratic labor party, the NB13 files are separately filed in a group.
not registered and managed. A member of a supporters’ association is a member of the Democratic Labor Party (not a member of the supporters’ association of the Democratic Labor Party).
on May 22, 2005, even on the website of the Democratic Labor Party, in order to issue a political fund receipt to party members and supporters.
The notice was published to the effect that "the date will be changed to 20 days."
16) see Article 10(1) of the Political Funds Act.
Supreme Court Decision 2009Do2612 Decided 2006Do2612 Decided 209, 3, 12, "The law recognizes that supporters and National Assembly members exchange political funds directly.
A member of the National Assembly is not a method or method of raising political funds, but a member of the National Assembly cannot receive a direct contribution of political funds in any case.
Article 30 of the former Political Funds Act by itself where a member receives political funds directly from an individual or corporation without going through a supporters' association.
The Court held that it cannot be exempted from liability for the violation of Paragraph 1.
17) The Political Funds Act (wholly amended by Act No. 7682 of Aug. 4, 2005) Article 2 of the Addenda to the Political Funds Act (wholly amended by Act No. 7682 of Aug. 4, 2005) (Transitions
The supporters' association of the central party and City/Do parties shall be abolished on March 13, 2006, and all provisions related to the supporters' association of the central party and City/Do parties shall be abolished.
(b).
18) FD’s membership fees paid by the party members and supporters’ association from February 2, 2005 to December 2005 in the court of the case including Seoul Central District Court 2010 Gohap497
The expenses of the supporters' association, etc. shall be transferred to the first report account of the Democratic Labor Party, and the revenue of the supporters' association shall be transferred from the Democratic Labor Party to the first report account, and the
was issued a fixed amount receipt or a fixed amount receipt with respect to the amount paid by the party and the supporters' association members at the time. The Democratic Labor Party issued a fixed amount receipt or a fixed amount receipt.
This supporters' association reported to the revenue of this supporters' association is intended to issue a receipt for political funds.
19) The statute of limitations under the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) is the statute of limitations period.
20) Since the Supreme Court made a decision as to the nature of the crime of joining North Korea as an immediate crime by the above logic in the above ruling on the case of joining North Korea Labor Party.
Since then, the Supreme Court has consistently held that the crime of accession or the crime of organization is a crime immediately (Supreme Court Decision 91Do3 Decided March 12, 1991; Supreme Court Decision 91Do3 Decided March 12,
See Supreme Court Decision 93Do99 delivered on June 8, 1993, etc.
21) According to the prosecutor’s aforementioned assertion, if an organization that subscribed to a prosecution is an illegal organization and its illegality is greater, the prosecution immediately constitutes an immediate crime.
Where the statute of limitations is under way, and the liability for the crime varies depending on the identity of the person who subscribed to the legitimate association, the case shall be
There is somewhat unreasonable result that the statute of limitations does not immediately proceed because it is a continuous crime even though the legal nature is minor.
There is room to live.
In addition, the prosecutor's purpose should be taken into consideration in determining whether the legal interests protected by the Political Parties Act, the State Public Officials Act, the Local Public Officials Act, etc.
However, considering the statutory penalty, the benefit and protection of the law such as violation of the Political Parties Act compared to the benefit and protection of other crime committed against other criminal organizations.
It is not necessary to consider only the violation of the Political Parties Act as a continuous crime by particularly giving priority to only the case.
22) Where a person disqualified for a party member (including all teachers of private schools and local public officials) joins a party member and pays the amount of party membership fees to a political party in the form of a party member
The same as mentioned earlier is the fact that Article 45 (1) of the Political Funds Act is violated.
23) Article 4 of the Punishment of Violences, etc. Act (wholly amended by Act No. 3279, Dec. 18, 1980) (Organization of Organizations, etc.)
Any person who forms an organization or group with the intent to commit a crime prescribed in this Act shall be punished as follows:
1. The fee shall be punished by death or imprisonment for life or for not less than ten years;
2. The executives shall be punished by imprisonment for life or not less than five years; and
3. The members shall be punished by imprisonment not less than one year.
24) Article 4 of the Punishment of Violences, etc. Act (wholly amended by Act No. 4590, Dec. 10, 1993) (Organization and activities of organizations, etc.)
(1) Any person who forms an organization or group with the intent to commit a crime prescribed in this Act or joins such an organization or group shall be classified as follows:
shall be punished in accordance with this Act.
1. The leader shall be punished by death or imprisonment for life or for not less than ten years;
2. The executives shall be punished by imprisonment for life or not less than seven years; and
3. Other persons shall be punished by imprisonment for a definite term of two or more years.
An organization or group referred to in paragraph (1) or a person who has formed such an organization or group or has joined such an organization or group has the power to exercise the power of such organization or group.
In the event that any of the following acts is committed for the existence and maintenance of a group, up to 1/2 of the long-term or short-term penalty for such crime:
of this section.
1. From among crimes concerning obstruction of the performance of official duties in Chapter VIII of the Criminal Act, those under Articles 136 and 141 (Invalidity and Destruction of Public Documents Dong) and Article 141 (Destruction of Public Goods) of the same Act;
Articles 250(1), 252 (Commission, homicide by Consent), and 253 (Commission by Fraudulent Means, etc.), among the crimes of murder 24
Article 255 (Preparations, Conspiracies), Chapter 34 (Interference with Business), Articles 314 (Interference with Auction) and 315 (Interference with Auction or Bidding) among crimes concerning credit, business and auction under the same Act.
Articles 33 (Robbery), 334 (Special Robbery), 335 (Quasi-Robbery), 336 (Kidnapping) and 336 (Robbery), among crimes of larceny and robbery in Chapter 38 of the same Act.
Articles 337 (Bodily Injury resulting from Robbery, 339 (Robbery), 340 (1) and (2) (Bodily Injury resulting from Robbery), and 341 (Habitual Offender) and
A person who commits the crime of Article 343 (Preparations, Conspiracies)
2. Any person who commits an offense under Article 2 or 3 of this Act;
(3) Any person who compels or recommends another person to join an organization or group under paragraph (1) shall be punished by imprisonment with prison labor for not less than two years.
(4) Money and other valuables to form an organization or group under paragraph (1) or to join such an organization or group and to maintain and maintain such an organization or group.
A person who solicits shall be punished by imprisonment for a definite term of three or more years.
25) The statute of limitations period under the current Criminal Procedure Act is five years, however, Article 3 of the Addenda to the Criminal Procedure Act (No. 8730, Dec. 21, 2007).
Since the statute of limitations period for previous crimes on December 21, 2007 is three years, the statute of limitations period for previous crimes is three years. As such, the statute of limitations for previous crimes on December 21, 2007 shall be the statute of limitations for prosecution of this case
At the time, it was completed.
Attached Form
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