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(영문) 의정부지방법원 2017.04.20 2017고단833
정치자금법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

On June 2, 2010, A was elected as proportional representative members of E political party E in the election of local governments, and Defendant B was the assistant officer of National Assembly member G and the F Party Secretariat of E political party as the assistant officer of National Assembly member G and the assistant secretary of E party.

No one shall contribute or receive political funds by any means other than those prescribed by the Act.

1. A around July 2010 to August 8, 2010, Defendant A donated political funds in a way that is not prescribed in the law of political funds by receiving a request from B, who is the president of the E Party F Cooperative Secretariat of the E Party, and then granting KRW 20 million in cash from the G National Assembly office located at H G Assembly member office at that time.

2. As in paragraph (1), Defendant B, who said that “A is difficult to operate a political party,” received cash amounting to KRW 20 million from A and received a contribution of political funds in a manner not prescribed in the Political Fund Act.”

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made to the prosecution by the prosecution against I and J;

1. A petition (F Election Management Committee);

1. To refer a reply to specified financial transaction information;

1. Application of Acts and subordinate statutes to an investigation report (Report on the result of confirming details of account transactions in A or K);

1. Article 45 (1) of the Political Funds Act, the selection of fines, and Article 45 of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 45(3) of the Political Fund Act (Defendant A: Defendant B, who received money, stored in the book and returned it to Defendant A as is, after having returned it to Defendant A;

Defendant A also stated that he received money in plastic bags as they were paid.

Although there are a lot of money in which sentencing has been received, all the Defendants are in profoundly against the wrongness, and Defendant B returned the said money to Defendant A at the direction of G Council members.

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