2017Gohap1274 Violation of the Political Funds Act

A

Written indictment (prosecution, public trial)

Law Firm B, Attorney C

February 13, 2018

A defendant shall be punished by imprisonment for one year.

500,000,000 won shall be additionally collected from the defendant. An order to pay an amount equivalent to the above additional collection charge shall be issued.

Punishment of the crime

1. The status and status of the defendant;

On July 1, 2002, the Defendant was elected as a member of the 4th City Council, and was elected as a member of the 5th City Council on July 1, 2006, and was reappointed to a member of the 5th City Council on July 1, 2006, and served as the chairman from July 1, 2008 to June 30, 2010.

2. Delivery of money and valuables;

The Defendant was demanded from G Council members, who had been a member of the recommendation management committee for the E Party F of the E Party, to provide a candidate for the D market of the E Party in the “6-4 local election scheduled on June 4, 2014.” The Defendant was required to provide a 500 million unconstitutionality from G Council members, who had been their assistant members.

On May 2014, the Defendant issued KRW 500 million in cash to the assistant officer H and driver who received the direction of G council members on the side of the side of the side of the road following the Yeongdeungpo-gu Seoul National Assembly member center of the Hando-dong, Yeongdeungpo-gu, Seoul. The Defendant, from March 10, 2014 to May 1, 2014, issued KRW 550 million in total to G council members on five occasions, as shown in the list of crimes in the attached Table.

3. Conclusion;

Accordingly, the defendant contributed to the total amount of KRW 550 million in connection with the recommendation of a specific person as a candidate in the election for public office.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused by the prosecution (including the statement of the fact-finding investigation by the J);

1. Each prosecutor's protocol of statement concerning H and I;

1. The provisions of statutes governing G Assembly members and A’s text details related to local elections on June 4, 2014 among the signs of the pocket book and printed materials of photographic data, and data from A mobile phone sirens;

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

Articles 45(2)5 and 32 subparag. 1 of the Political Funds Act (generally, the choice of imprisonment);

1. Additional collection:

Article 45(3) of the Political Funds Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act grounds for sentencing; 1. Scope of punishment: Imprisonment with prison labor for not more than five years;

2. Determination of sentence1):

[Unfavorable circumstances] The act of offering and donating money and valuables in relation to the recommendation of the candidate for the election of a political party to a public office would undermine the fairness in the administration of a political party and the transparency in the administration of a political party by undermining the influence of the political party from the recommendation stage of the candidate in the election of a public office, and distorted the process of recommending candidates in the election of a public office. As a result, a person who fails to have sufficient capabilities and qualities to take a public office is decided as a candidate for a political party and is assigned to a public office through the election of a public office, resulting in a risk of causing a situation similar to the public office. In addition, the act of offering and donating money and valuables in relation to the recommendation of the candidate for the election of a public office of a political party does not become an official party which contributes to the formation of the political will of the public in accordance with the democratic organization and procedure, and it

The Defendant committed a crime of delivering a total of KRW 550 million to G members who were members of the E Party F recommendations Management Committee for Candidates for Public Office in connection with the D market candidate recruitment of the E Party. In addition, the instant crime resulted in serious damage to the representative democracy system, the soundness of the electoral system, and the trust of the people, which is the foundation of democracy, and the growth of our social democracy. Although G Council members actively demanded political funds to the Defendant through H, the Defendant appears to have had the intent to make a certain case with respect to the D market candidate recruitment, it does not appear that the Defendant merely delivered political funds in response to the unilateral demand of G Council members. In addition, considering the circumstances and details of the instant crime, such as the fact that the Defendant delivered political funds closely over several occasions, and the amount of political funds granted, the instant crime is highly likely to be subject to criticism, and the Defendant is highly likely to be subject to the punishment against the Defendant.

[I] The Defendant’s affirmative demand by G Council members seems to have been an important opportunity for the Defendant to block the instant crime, and the Defendant did not appear to have any influence on the local election on June 4, 2014 because it did not become a candidate for the D market, and thus, the instant crime did not affect the conclusion of the local election on June 4, 2014.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.

The presiding judge, judge Kim Jong-tae

Judges Kim Gin-han

Support for judges' organization

1) Since the violation of the Political Funds Act is not set on the sentencing criteria, a person fails to separately state his/her opinion on the recommended sentencing criteria.

(c)

A person shall be appointed.