[1] The case holding that a person recommended as a candidate for the head of a local government of a political party delivered money to the chairman of the relevant district party to the candidate

[2] The case holding that the distribution of printed materials violates the Act on the Election of Public Officials and the Prevention of Election Illegal Acts, in case where the form of the Appendix of the parliamentary report was conducted, but the contents were not related to the parliamentary activities of the National Assembly members

[1] The case holding that a person recommended as a candidate for the head of a local government of a political party delivered money to the chairman of the relevant district party to the candidate

[2] The case holding that since the defendant's distribution of the above printed materials cannot be deemed as a legitimate act of information and therefore, it constitutes a violation of Articles 255 (2) 5, 93 (1) and 252 (1) and 95 (1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election Act, since it takes the form of "attached to the legislative report" but it cannot be deemed that it is related to the defendant's parliamentary activities as a member of the National Assembly.

[1] Article 13 subparag. 1 and Article 30 subparag. 5 of the Political Funds Act / [2] Articles 93(1), 95(1), 252(1), and 255(2) subparag. 5 of the Public Official Election and Prevention of Unlawful Election Act

[2] Supreme Court Decision 96Do2079 delivered on October 15, 1996

Defendant 1 and two others

Defendants

Law Firm Gwangju (Attorney Han-chul et al., Counsel for defendant-appellee)

Seoul High Court Decision 96No2875 delivered on May 6, 1997

All appeals are dismissed.

The defendants' grounds of appeal are examined.

1. As to the violation of the Political Funds Act against the Defendants

Examining the evidence of the first instance court maintained by the court below, in light of the records, the remaining evidence except for the statement of each witness examination protocol against Defendants 2, 2, 3,00,000 won for the Seoul District Court’s witness 2, 20,000 won, and 30,000,000 won for the defendant 1, who was the chairman of the Democratic Party 1, and the chairman of the Democratic Party 1, for the first time on May 6 of the same year after the local government election conducted on April 28, 1995, which was conducted on April 27, 195, became final as a candidate for the Democratic Party 1, 295, and became final as a candidate for the Democratic Party 1,00,000 won for the defendant 2, 30,000,000 won for each witness examination protocol against the defendant 2, who was the chairman of the Democratic Party 1, and it can be sufficiently recognized that the above judgment below erred by misapprehending the legal principles on political funds 1, 30.

2. As to Defendant 1’s violation of the Act on the Election of Public Officials and the Prevention of Illegal Election

As legally determined by the court below, the above 20,00,00 won received by Defendant 1 with his parliamentary report is a legitimate political fund and is not a fair price, and there is conspiracy in the hinterland of this case and the prosecutor's office's investigation on the receipt of money and valuables is more clear by the judicial authorities, and the above investigation by the prosecutor's office on the receipt of money and valuables is a fair investigation, and the contents of newspapers such as newspaper articles and newspaper articles such as that the circumstances of the politician should be fair, and those of the defendant's academic, career, and democratic strike experience are evaluated in detail, so it cannot be viewed as an "attached report on parliamentary activities of the defendant," but it cannot be viewed as a legitimate act of distributing the above printed materials, and there is no violation of Article 25 (2) of the Public Official Election Act and Article 55 (2) of the Public Official Election Act and Article 9 (2) of the same Act.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)