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(영문) 서울중앙지방법원 2012.11.29 2012고합241
정치자금법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

After being elected as the 15th National Assembly member in 1996, the Defendant was elected as the 16th National Assembly member in 2000, 17th in 2004, and 18th in 2008, and continued political activities for 16 years from 2012.

No one may receive a contribution of political funds, not in accordance with the method prescribed by the Political Funds Act, but on March 24, 2008, the Defendant received a contribution of political funds from the Chairperson of the J Savings Bank Co., Ltd. (hereinafter “J Savings Bank”) to the President of the J Savings Bank (hereinafter “J Savings Bank”) in the vicinity of an I hotel located in H at the same time in the East Sea as an election fund, and received a contribution of political funds without using the method prescribed by the Political Funds

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, M, N,O, P and Q;

1. Application of the Act and subordinate statutes to the K used corporate cards (Evidence No. 27), to search the location of the RNA map (Evidence List No. 29), to search the status of visitors' meetings and interview slips (Evidence List No. 35), to call details (Evidence List No. 42), to call details (Evidence List No. 1734, 1856), and to the records of the case No. 2008-type No. 1734, 1856;

1. Article 45 (1) of the Political Funds Act concerning facts constituting an offense and Article 45 (1) of the Selection of Fines);

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

1. Judgment on the assertion of the accused and defense counsel under the latter part of Article 45(3) of the Political Funds Act

1. The Defendant’s summary of the allegation does not have received KRW 20 million from K at the time and place stated in the facts constituting the crime as indicated in the judgment.

The direct evidence to prove the above facts of crime is the only statement of K, and K's statement is not sufficient credibility to regard it as evidence of guilt.

2. In full view of all the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's assertion of the defendant and the defense counsel is not acceptable, since the defendant received KRW 20 million from K as stated in the facts constituting the crime in the judgment.

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