205No2170 Violation of Political Funds Act

1. Sick leaves, member of the National Assembly;

Residence

Permanent domicile

2. Maximum ○○ and △△△ (main representative director);

Residence

Permanent domicile

Defendant Sick Huns and Prosecutor

Park Jong-woo, arching workers

Law Firm, Pacific, Law Firm Orala (Attorney Park Jong-ok, Counsel for the defendant-appellant)

s.)

Attorney Kim Full-seop (Defendant Maximum ○○)

Seoul Central District Court Decision 2005Gohap247 Decided September 22, 2005

July 13, 2006

The judgment of the court below is reversed.

Defendant Sicks shall be punished by a fine not exceeding 3 million won, and Defendant ○○ shall be punished by a fine not exceeding 2 million won.

Defendant for the period calculated by converting 50,000 won into one day when the Defendants did not pay the above fine;

shall be confined in a workhouse.

27, 584, and 000 won shall be collected from the Defendant’s Ansan.

To order the Defendants to pay an amount of money equivalent to the above fine.

1. Summary of the grounds for appeal;

1. Defendant’s inner leaves;

A. Error of mistake

(1) 1-A of the facts charged

Public prosecution prior to March 15, 2004, the date of registration of preliminary candidates for the 17th general election.

The court below only received the money of 5 million won or less from the largest ○○ at a place stated in the facts, and the court below did so.

Recognizing that the senior person was wrong on March 29, 2004 to have received KRW 20,000.

(2) The facts charged No. 1-B.

(1) received US$5,000 from ○○ at the time and place stated in the facts charged

In addition, the court below found the defendant to have received USD 20,00.

(3) The facts charged No. 1-C.

The date and time, at the place, the maximum ○○ was stored in the facts charged, but the highest ○○.

(B) The lower court received USD 3,000 from the Defendant on the ground that there was no money as stated in the facts charged.

In other words, it was found to be wrong.

B. Unreasonable sentencing

The sentence of the judgment of the court below (the fine of 3 million won) is too heavy.

2. A prosecutor;

Punishment of the judgment of the court below against the Defendants (defendants: fine of 3 million won, Defendant Maximum ○○

A fine of 2 million won is too minor.

Ⅱ Judgment on the misunderstanding of the facts against the Defendant’s Ansan.

1. The facts charged No. 1-A

The court below's testimony * each of the testimony * the witness ○○, Kim * the witness of the court of first instance duly examined and adopted evidence

In addition, the following circumstances, i.e., ① the last ○○, since the investigative agency, shall become a court

the defendant's election campaign funds at the date and place specified in the facts charged consistently;

It is stated that 20,000 won has been delivered under the name of the person, and 2. Of the least ○’s pocket book, the charges are charged.

In the column of the date stated, "10 ......................, the post of the largest 0.............

The plaintiff Kim *, Kim Kim Ma-, Kim Ma-, also the most recent time and place that the best ○○ has consistently met the defendant at the above time and place.

I stated that the defendant had been witnessed to enter the defendant's election office with a lot of cash;

In light of the fact that there is a political fund name from the above date and place by the defendant.

Since it can be recognized that 20,000 won has been delivered, the above argument is without merit.

2. The facts charged No. 1-B

A. Summary of the facts charged

The defendant was opened in the 17th election for the National Assembly member on April 15, 2004 in the election for the 17th National Assembly member.

A person who was elected as a candidate for one of the Green Korea, and the largest ○○ is the representative director of △△ corporation.

a person, unless otherwise provided by the Political Funds Act, shall not apply

The Seocho-gu Seoul Seocho-gu distribution Dong, where political funds are not contributed or received, shall not be contributed or received, on April 23, 2004).

The purport that it is written by the ○○ in a political activity at the 'Ido Do' which is the daily restaurant of the Meart hotel.

the Political Fund Act, which receives US$20,000 ($2,3180,000) and is not prescribed in the Political Fund Act.

One way is to receive political funds.

(b) Statement of the defendant;

(1) The defendant shall, in the case of the first examination of suspect by the prosecution, provide the above mert hotel ceremony around May 2004.

At a party, I stated that he was 3,000 US dollars from the largest ○○ upon eating the judgment, and ② 2 times

In the examination of suspects by the prosecution, around July 2004, 3,000 from the maximum ○○ in a restaurant among the "Bawon".

The statement was made to the effect that USD 5,00 was received, and ③ On July 26, 2004, in the third interrogation of suspect by the prosecution, the third interrogation of suspect.

The above 00,000,000 U.S. dollars 3 to 5,000 were stated in the above 00,000 m. 4

4. The date, time, place, and maximum at the place specified in the facts charged, in the fourth suspect examination;

○ stated that USD 5,00 was received from ○, and 5,000 continued in the lower court and the first instance court.

④ The above statements are repeated.

(c) Statement of ○○○;

A person on April 23, 2004, among the least ○○’s pocket book, who was named on April 23, 2004: 6: 30 Sicks; and on July 26, 2004, who was named on July 26, 200.

The Minister of Information and Communication's daily embezzlement is written as the "Mesoft-type," and the largest ○○ is the occupational embezzlement on November 4, 2004.

In the end, the prosecution, which is bound by the prosecution and under investigation, is to enforce as the basis of the above pocket book, and ultimately:

The defendant stated that illegal political funds were given to him.

In other words, the largest ○○ is the Defendant at a restaurant of the Meart hotel in 2004 in a written statement by the prosecution.

He stated that USD 20,00 was given to the prosecutor, and ② In the prosecutor’s protocol of statement, the prosecutor’s office’s order or the end of July 2004

10,000 U.S. dollars 20,000 for the defendant, while serving in a single restaurant or a leleviated restaurant.

(1) No accurate date, time, and place of memory, but in his/her pocket book on July 7, 2004.

26. In the part 26, it is deemed to be written in the name of the Minister of Information and Communication in the form of "Maguri-type" and shall be July 2004.

26. The defendant 20,00 US dollars 20,000 at the same cafeteria, and at the time the defendant was at the National Assembly.

Agriculture and forestry belonging to the Agricultural, Forestry, and Fisheries Committee, which is the department in charge of breakwater construction works or ordering agency;

For the reason that the defendant was in charge of the affairs of the division and the Korea Agricultural and Rural Infrastructure Corporation, the case of the breakwater Corporation

A statement was made upon the request of the prosecutor to allow a large number of accounts to be allocated, and 3 Suspected by the prosecutor.

In the newspaper on July 26, 2004, the reservation of the above U.S. Do restaurant was revoked by the prosecutor, and on that day, the defendant

It has been confirmed that it was confirmed that the credit card was settled in the restaurant in the middle of the 000 marn Don-do.

The defendant, after hearing the oral statement and changing the previous statement, was located in the restaurant of the 000 Won on the day.

In addition, US$20,00 was given to the defendant and the defendant has been allocated a large amount of the budget for the above breakwater.

(4) The third examination of the defendant in the interrogation of the suspect;

on July 26, 2004, 2004, 100,000,000

The defendant stated that US$ was awarded, and five times in interrogations of the defendant in the fourth prosecution against the defendant.

For the previous time, he shall be able to suppose 20,000 US dollars on his own.

Because there is no reason for the defendant to exclude ‘supper on April 23, 2004' for 20,000 dollars.

‘Around July 26, 2004,' which was stated as ‘the first instance court', and is now memoryed that the above statements are in place.

If the High Court continues to claim that USD 5,000 was received from the High Court on April 23, 2004, it would be hard to say that the High Court received USD 5,000 from the High Court.

(6) The court below's decision and the court below's decision are justified.

All confessions of the facts charged, but they now correspond to USD 20,00 to the defendant.

statement to the effect that it is not possible to accurately memory a person, but that the statement is made by an investigative agency;

(b) repeats this section.

(d) A statement of MaMaMaMaMaMaMaMa MaMaMaMaMa MaMaMaMa MaMaMaMa.

Current MaMaMaMaMa MaMa MaMa MaMa MaMa MaMa MaMa 6 January 2005, which was first examined by the prosecutor on the prosecution on the first day.

At the same time, ‘an accurate date' is not capable of memory, but approximately 5 - ○ on July 2004, which was about 6 months earlier.

US$20,000,000 shall be packed with the direction of the corporation, and it shall be divided into two bags, and it shall be entered into the highest ○○.

In addition, he stated that he had been able to do so, but he also stated that he was a minor clothes at the time Me MaMa was a minor clothes. 2

3. 19th of the year, in case of a second investigation conducted by the prosecution, the month when the first investigation is conducted by the prosecution.

The date and time of packing such anus could not be accurately memory, but it was hard at that time to memory.

J. A statement as above was made in July 2004, because it was the last ○○4) and due MaMa5) MaMaMa5, 2004.

US$4 or 7 months after packaging, because it can be added to April or July.

(3) The statement of the court below and the court of the first instance to the same effect as above is generally stated.

section 22.

(e) Other cases.

After passing a public notice of administration in 1972, the Defendant continued to serve as an economic official fee in 1972, and 200

From 2001 to 2001, the Minister of Information and Communication served for the period of 2001 to 2004, and us

The 17th National Assembly member general election implemented on April 15, 2004

E. The first election was made to a member of the National Assembly in a local constituency in Gyeonggi-do, and May 30 of the same year.

The term of office as a member was commenced, and became a member of the National Assembly Committee on Agriculture, Forestry and Marine Affairs on June 5 of the same year.

C. On the other hand, on April 23, 2004, the lowest temperature of Seoul is 9.3°C, the highest temperature is 16.8°C, the average temperature is 12°C.

8C. (Public trial records No. 105, Maz.)

F. Determination

US$ 5,00 on April 23, 2004 that the defendant voluntarily acknowledged from the largest ○○.

about whether or not 20,000 dollars has been received in excess of

A statement of MaMaMaMaMa, MaMaMa, MaMaMa, 1. The statement of MaMaMaMa, MaMaMaMaMa, MaMaMaMaMa, MaMaMaMa MaMaMa.

In addition, it is accurate as of April or July 2004 that the date and time of packing USD 20,000 ($20,000) or $20,000.

(2) The first public prosecutor's office as a member of the National Assembly; and (3) the first public prosecutor's office as the defendant.

Since he/she was affiliated with the Agricultural, Forestry and Marine Affairs Committee, he/she shall have jurisdiction over the defendant.

US$ 20,000 upon request by allowing a large amount of the budget for the breakwater construction works;

The statements have been made several times, and generally with respect to the member of the National Assembly in relation to his business.

If money was given under the pretext of solicitation, the date and time and place of giving money can not be accurately memoryd.

Even if the purpose and circumstance of giving money can be relatively accurately memory, such as the above, because the purpose and circumstance of giving money can be accurately memory.

It is difficult to dismiss easily the statement of the ○○○ that the defendant gave USD 20,00 to the defendant due to its purpose and background.

C. The facts charged in this case that ○○ was the defendant with USD 20,000.

on April 23, 2004, the defendant has not yet commenced the term of a member of the National Assembly, and the defendant has not yet commenced the term of a member of the National Assembly;

In the light of the previous expertise of a senior citizen, the defendant is deemed to be a member of the Agricultural, Forestry, and Marine Affairs Committee.

M. 3 Ma. Ma. Ma. Ma. Ma. Ma. Ma. Me. f. 20,000 under the direction of the largest director.

Wil-il stated that Wil-il is more flick, and that Wil-il was flick, and recorded in the facts charged. 204

4. 23 The lowest temperature of 23. 9.3C, the highest temperature of 16.8C, which would normally be heated and heated.

In full view of the fact that the defendant appears not to be the one, the highest ○○ on April 23, 2004 20,000 won

The statement that USD 1 stated is not reliable, and MaMaMaMa MaMa Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma, April 23, 2004

Inasmuch as it cannot be readily concluded that the Defendant contained USD 20,00 in the facts charged, the Defendant’s entry in the facts charged.

20,000 U.S. dollars above 5,00

It is difficult to recognize that US dollars was received.

Therefore, the defendant's assertion is justified.

3. The charge No. 1-C.

In full view of the testimony of the highest witness at the court of first instance duly examined and adopted evidence by the court below

The following circumstances, i.e., ① the largest ○○ for the first time in connection with the instant case by the Prosecutor;

The date, time, and place stated in the facts charged consistently from November 25, 2004 to the applicable court; and

The defendant stated that 3,000 US dollars was delivered to the effect that he was written in political activities.

In this part of the facts charged, 2.1 November 4, 2004, the upper ○○○ is under detention due to his occupational embezzlement.

on October 4 of the same year, the preceding month of the same year, making a statement that the person is relatively well memory;

In this case, "Sicks Sicks Sicks Sicks Sicks Sicks Sicks Sick on the date stated in the facts charged among the least ○○'s pockets."

In light of the fact that the defendant is written, the defendant from the above date, time and place ○○.

Since it can be recognized that USD 3,00 has been received as political funds, the above argument is justified.

(2).

I. Conclusion

Therefore, the defendant's assertion of mistake of facts is partially reasonable, and the reason is broad.

The grounds for appeal on unfair sentencing are also common to Defendant ○○ who is an accomplice.

without further proceeding to decide on the Defendants under Articles 364(6) and 364-2 of the Criminal Procedure Act

All the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts and summary of evidence

Section 15 - Section 16 of the facts constituting the crime of the judgment of the court below, "$ 20,000 ($ 2,3180,000)"

‘U.S. dollars 5,000, US$ 20,000,000 for the third party 4 US$ 5,000, respectively;

In the summary of the evidence, ‘A statement in each trial court at the highest ○○○, MaMaMa MaMa, MaMaMa MaMa, Kim**' in addition to ‘A statement in each trial at the court of the first instance.'

Except as otherwise expressly provided, each column of the judgment of the court below shall be the same.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Each of the former Political Funds Act (amended by Act No. 7682 of August 4, 2005, hereinafter the same shall apply)

C) Article 30(1) (Selection of each fine)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Code

1. Collection of the penalty (Defendant’s inner leaves);

Article 30 (3) of the former Political Funds Act [20 million won + (5,000 US dollars + 3,000 US dollars)] x 948 won

0

7. 12. Calculation on the basis of the self-standard ratio for trading;

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The acquittal portion

Of the facts charged in the instant case against the Defendants, the Defendant’s Amick leaves are as follows: the date and time stated in B. A. 2.2.

In the same manner as the statement in the lawsuit, the party receives USD 20,000 from the last ○○.

Unless prescribed by the Fund Act, political funds are contributed in a manner that is not provided by the Fund Act, and the defendant last ○○

As above, 20,00 U.S. dollars are offered to Defendant Amicks, not prescribed by the above Act.

As seen earlier, this paper examines the portion of “the political fund was contributed by way of contribution”.

Of the facts charged, the Defendants received the amount exceeding $5,000 from the above date and place.

The part stating that the crime was committed falls under a case where there is no proof of crime, and, under the latter part of Article 325

In other words, the defendant must be found not guilty, but has a relation to the above not guilty part.

As long as the facts charged that 5,000 US dollars were received at the above date and place are found guilty

No judgment of innocence shall be rendered separately in the text of the case.

Judges Min Il-young

Judges Choi Jong-chul

Judges Kim Dong-young

1) USD 1 means both 'U.S. dollars'.

2) The time of crime in the investigation record is 18:30 hours.

3) On the investigation report drawn up on the same day, the part on the “6: 30 Sick leaves” written by the last ○○ on April 23, 2004 from his pocket book and the part on the “6: 30 Sick leaves.”

On July 26, 26 of the same year, the part of the "Mag-man's Mag-man's Mag-man's Mag-man's Mag-man's Mag-man's Mag-man

Da. Moreover, the Defendant did not satisfies at low time, and on July 26, 2004, the Defendant 20,000 in the above U.S. Island

It is stated that US$ is equivalent to US$.

4) Regular Medi Medi Ma

5) High Medi Medi Medi Ma