(영문) 서울중앙지방법원 2017.6.8. 선고 2016고합52 판결

As the chairperson of the FF federation (hereinafter referred to as the "F federation"), the defendant, as the chairperson of the FF federation (hereinafter referred to as the "F federation"), excluded the application of accounting regulations from the Private School Act because the private kindergarten is subject to many restrictions on its management under the Private School Act. On the other hand, while the Early Childhood Education Act has enacted the regulations on remuneration of private kindergarten operators and the regulations on free transfer and takeover of their status to strengthen their status, the defendant decided that G National Assembly (H change to H; hereinafter referred to as the "H") which is the competent standing committee passed the bill of legislation by the chairperson of the National Assembly (hereinafter referred to as the "H")

During that period, E was appointed as the president of the National Assembly around July 2012, the defendant and the FF federation visited the president of the HH room to find the president of the National Assembly at least once a month after he/she visited the HH room, and continuously made a solicitation to revise the Early Childhood Education Act as soon as possible.

On April 15, 2013, E issued a proposal to amend the Early Childhood Education Act (34 persons of joint launch, 9 persons of H) and the Private School Act (32 persons of H and 9 persons of H) respectively. Each of the above bills was presented to the second and third legislative review on December 23, 2013, but it was difficult for the Ministry of Education to accept "transfer of the status of operator of a private kindergarten under the Early Childhood Education Act" and "transfer of the status of operator of a private kindergarten under the Private School Act" and "payment of loans and remuneration for operator" in the Private School Act. It was still pending the National Assembly before the date of the instant indictment without any special reasons.

Criminal facts

On July 2013, the Defendant issued a plastic bag containing KRW 10 million in cash to E to the effect that he solicits prompt passage through the amendments to the Early Childhood Education Act and the Private School Act, but the Defendant refused it and proposed that “I will help it. I will be able to help it?” At that time, the Defendant also accepted E’s proposal that “I will help it in any way.”

Since then, when the publication commemorative association of E was decided as a firstman on September 9, 2013, the defendant proposed to help E in the form of support money at the publishing commemorative association in order to facilitate the prompt passage of the amendments to the Early Childhood Education Act and the Private School Act at the board of directors of the FF federation on July 9, 2013, and recommended the defendant to attend the publication commemorative association of the FF federation on September 5, 2013 through the front speech communications with respect to the president of the branch of the FF federation on August 28, 2013.

At around that time, the Defendant set the FM’s subsidies to KRW 30,000 or more, urged the heads of the FM branches nationwide to attend the Publication Commemorative Council by calls to the heads of the FM branches, and requested the FM branches to prepare for each region by setting the subsidies to KRW 20-4,000,000,000,000,000,000 won for public funds of the FF Federation.

On September 5, 2013, the directors of the defendant and the F Federation held a board of directors in the second floor of the National Assembly hall at around 11:00 on the same day, and held a board of directors in the second floor of the National Assembly hall at around 11:00 on the same day, and held it as the funeral of the Publication Assembly.

On the other hand, on September 2, 2013, the Defendant, immediately before the Publication Commemorative Association, sent phone calls to E, and knew of the defect E, and around that time, the Defendant expressed to N, an assistant officer of E, an intention to divide the name in the Publication Commemorative Association to put at least KRW 30 million.

Accordingly, around September 5, 2013, the members of the FF Federation, including the Defendant, issued KRW 30,60,000,000 to E, under the pretext of the solicitation that “E: E: the Early Childhood Education and Private School Act amended by the representative of E in L, Publication Commemorative Meeting, should be passed as soon as possible.”

Accordingly, the Defendant offered a bribe of KRW 30,660,000 to the members of the National Assembly E's duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's protocol of statement concerning M, N,O, P, Q, R, T, U, V, X,Y, Z, AA, AB, AC, AD, AD, and AE;

1. Each N statement;

1. Each investigation report (the report on the details supported by the executive officers, etc. of the F Federation in the E original publishing commemoration, the report on voluntary submission of additional data related to the legislative expenses of the F Federation, the report on the confirmation of the details of donations of the F Federation, the report on the attachment of minutes, the report on the summary of the FF telephone recording investigation, the FF telephone recording investigation report by the head of the F FF branch branch branch, the report on the FF telephone recording investigation by the head of the FF branch branch branch branch, the hearing of AH telephone statement by the head of the FF branch branch branch branch), the copy of the book of the purchase amount by visitors related to the E FF branch, the mail exchanged exchanged with the F federation, the records of donations of the F federation, the amended bill of the Early Childhood Education Act, the bill of amendment to the Private School Act, the report on the contents of telephone recording investigation by witnesses minutes (the subcommittee on the bill review); and the record on the contents of telephone recording investigation by witnesses and the AF branch;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 133(1) and 129(1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Sentencing 1)

The crime of this case is a case in which the defendant, who was the chairperson of the F Federation at the time, proposed an amendment to the Early Childhood Education Act and the Private School Act to strengthen the status of kindergarten managers to E, the chairperson of the National Assembly H, and made efforts to make amendments to the Early Childhood Education Act and the Private School Act to be passed as soon as possible, together with the members of the F Federation who did not know such circumstances.

The defendant's crime causes doubts that the comprehensive and broad authority of a member of the National Assembly can be used unlawfully for the benefit of a specific group, and it is highly likely to be criticized in that the fairness of duties concerning legislation, which is the duty of the member of the National Assembly, and the purchase thereof, and the trust of the general public is considerably damaged.

However, all of the crimes of this case are recognized from the investigation stage to this court, and the defendant's bribe granted by the defendant was paid in the form of supporting money at the Publication Memorial Association which was customaryly committed, and thus, the recognition of illegality is somewhat weak. The defendant was committed to improve the rights and interests of members in the position of the president of the FF Federation, and there was no intent to take personal benefits, a significant portion of the bribe granted to E is that the members of the FF Federation who shared and supported the defendant's will, and the defendant contributed to the development of local communities and educational industries while operating the kindergarten.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.