logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.10.17 2017고합238
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Before a final and conclusive judgment, which becomes the basis for concurrent crimes under Article 37 of the Criminal Act] On February 11, 201, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Public Official Election Act by the Daejeon High Court on February 11, 201, and the judgment became final and conclusive on February 19, 201.

[Criminal facts] No person shall contribute or receive political funds in a way that is not provided for in the Political Funds Act.

On June 13, 2002, the Defendant was elected as B market at the simultaneous local elections nationwide, on May 31, 2006, and on June 2, 2010, at the simultaneous local elections nationwide, on June 5, 2010, and held B market as a member of B market from July 1, 2002 to June 25, 2014, and overall control over corrective affairs such as personnel affairs, finance, construction, and resident welfare.

On June 2, 2010, while the defendant was working in the B market, he decided to leave the local election once again to the B market candidate, which was carried out on June 2, 2010, and was thought to be a financing from a private person C with interest on election campaign funds.

On April 2010, the Defendant: (a) requested “A” operated by C in D, “A” to “I need election funds, such as office operation expenses, for market elections; (b) I talk to any person at the time of election, so C will have to pay KRW 100 million with election funds,” and C accepted the proposal of the Defendant.

C around May 6, 2010, at Hanwon, the Defendant’s accountant in charge of the accounting as ordered by the Defendant was put in the sum of KRW 100 million, and F deposited the above KRW 100 million in the H bank account (K) in the name of the Defendant who reported the Defendant to the J Election Management Committee as a deposit account for receipt and disbursement of political funds from H I bank located in G to the above local election.

Ultimately, the Defendant received 100 million won from C to contribute political funds in a way that is not prescribed by the law of political funds.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1.Each Prosecution with respect to C and F.

arrow