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(영문) 수원지방법원 2018.04.19 2017고정1535
정치자금법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B was going out to the H election district of the 20th National Assembly member that was implemented on April 3, 2016, and the defendant A was a person who was going out to the 20th National Assembly member first election, and the J was a director of K, a corporation that is the tenant of the 20th election vehicle (hereinafter referred to as the "K"), who actually operates K.

1. On March 24, 2016, Defendant A entered into a contract with J to lease one motor vehicle of KRW 16,000,000,000, Defendant A, who entered into the contract with J, prepared a false contract by withdrawing the lease price, and planned to receive the difference between the lease price specified in the false contract and the lease price specified in the actual contract as rebates, and prepared a false contract with the amount of KRW 27,00,000,000.

According to such a plan, the Defendant wired the sum of KRW 16,00,000 to J as stipulated in the above false contract, and the J transferred KRW 8,50,000,000, excluding value added tax, etc. on May 8, 2016 to the account in the name of L corporation designated by the Defendant.

As a result, the Defendant received 8,500,000 won of political funds from the J in a way that does not comply with the law of political funds, and, in collusion with the J, entered false statement in the “contract for the manufacture and lease of rent vehicles”, which is a document evidencing election expenses, as the receipt of KRW 27,00,000 as the rent for an election vehicle.

2. On March 23, 2016, Defendant B entered into a contract with J on the lease of one set of KRW 16,500,000 for a floating vehicle on or around March 23, 2016, the Defendant drafted a false contract by withdrawing the rent, and planned to receive the difference between the rent specified in the false contract and the rent stipulated in the actual contract as rebates, and prepares a false “contract for the manufacture and lease of a floating vehicle” with the rent of KRW 25,190,000.

According to the above plan, Defendant 1 remitted total of KRW 25,190,000 to J as stated in the above false contract, and J around May 4, 2016.

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