2011Gohap8 Violation of the Political Funds Act

1. △△△ (**************)*), public officials.

Residence omitted

Place of Registration omitted

2. OOO ($$$$**-*******), 축산업

The residence omitted.

Place of Registration omitted

Aftermathing

Law Firm*, Attorneys** (private ships for the defendant)

Attorneys** (private ships for the defendant 1 Dok-gu)

Attorney**(Defendant 100 Ba600 Ba600)

September 8, 2011

Defendants shall be punished by a fine of KRW 700,000.

If the Defendants did not pay each of the above fines, the Defendants shall be confined in the Labor House for the period calculated by converting each of 50,000 won into one day.

The amount of five million won shall be additionally collected from the defendant 20 million won.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

Defendant 2 was a person who was run for the election of the head of Gun* on June 2, 2010, and Defendant 2 was a livestock farmer who raised Chinese rain in * * ** ** *.

Despite the fact that anyone is prohibited from receiving political funds in a way that is not provided for in the Political Funds Act, the Defendants received and contributed political funds in a way that is not provided for in the Political Funds Act as follows:

1. Defendant 2

On May 24, 2010, the Defendant was donated 5 million won in cash from OO for an election campaign by the Defendant, within the scope of the container-type room owned by the Defendant, around 22:30 on May 24, 2010, ********* the container-type in which the Defendant was attempting to carry out an election campaign.

2. The defendant;

The Defendant donated the current amount of KRW 5 million as election funds to the △△△△△ in the above time and place by the foregoing method.

Summary of Evidence

1. Evidence as to the Defendant 1. Part of the legal statement of the △△△△△△△, Defendant 1. Defendant 60’s legal statement

○ Evidence 1. Each prosecutor’s protocol of interrogation against the Defendant 1.*,** Each prosecutor’s protocol of interrogation against the Defendant 1.3*

1. The actual condition survey report;

1. Each report on investigation;

Application of Statutes

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

Article 45(1) of the Political Funds Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Collection (as against the defendant 20 million won);

Article 45(3) and (1) of the Political Funds Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act provides that the Defendants received KRW 5 million in a way that is not prescribed by the Political Funds Act, thereby undermining the transparency and fairness of political funds and election expenses, and the development of sound democratic politics is not easy.

However, in consideration of the following facts: Defendant 1 was the first offender, and Defendant 1 was appointed as a public official on 1983 and served in good faith until he retires from office on 2005; the fact that the crime of this case is recognized and the mistake is divided; the political funds unlawfully received are KRW 5 million ** in light of the limit of election expenses or support funds provided in the Public Official Election Act in connection with the election of the Gun; the fact that it is not large in light of the extent of election expenses or support funds provided in the Political Funds Act; and the fact that it is desirable to provide local residents with an opportunity to serve for the remaining term of office after being elected by the purport of the Gun; Defendant 2003, 1983, taking into account the fact that there is no criminal record other than the punishment of a fine on two occasions due to drunk driving; the fact that Defendant 1 is a person with a disability who has been cut from one arms, etc.,

The presiding judge, the senior judge

Judges Shin Jae-hwan

Judges Nam-soo