206Gohap354 Ga. Violation of the Public Official Election Act

(b) Violation of the Political Funds Act;

1. A. B.O.O.

2. A. AnchorO;

TO

April 30, 2007

Defendant ○○ was punished by imprisonment with prison labor for six months, and by a fine of KRW 3,00,000,000 respectively. In a case where Defendant Park ○ fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 60,000 into one day.

However, the execution of the above punishment shall be suspended for two years from the date when this judgment became final and conclusive against ○○. The order of provisional payment for the above fine shall be issued to the defendant YO.

Punishment of the crime

Defendant ○○○ was elected by going to the fourth election district of ○○○ City, Do council members of Do council members of Do council members of Do council members of Do council members of Do council and Do council members of Do council on May 31, 2006. Defendant ○○○ was the support of Defendant 200. Defendant ○○ is not the person who provided or expressed an intention to provide money, goods, or other benefits in connection with the election campaign regardless of the pretext, such as allowances, actual expenses, and compensation for volunteer service, or promise, direction, right, good offices, demand, or receipt of such offer. Defendant ○○ cannot offer money, goods, or other benefits, or promise, direction, right, good offices, demand, or demand for the payment of election expenses, and even if a candidate or preliminary candidate of an election

1. Defendant ○○

A. On May 2, 2006, at around 17:00 on May 2, 2006, distribution of the name cards of a candidate while accompanying the Defendant from around April 1, 2006 at the election office located in the ○○-1, an election campaign office located in the Kimhae-si, Kimhae-si.

Defendant’s election campaign, on behalf of Defendant, provide 2.5 million won in return for an election campaign to regular ○○ who did not report to the election commission, but did not report to the election campaign worker at Kimhae-si; and

B. Around 10:00 on June 2, 2006, at the same place on the same name, provide money and valuables related to election campaigns by providing 2.5 million won in return for an election campaign to the said regular ○○○ in return for an election campaign. It does not go through a person in charge of accounting as described in paragraphs (a) and (b), while paying for political funds related to election expenses to the said regular 00,00

2. On June 13, 2006, at around 13:30, the Defendant Park Jong-○ offered money and valuables related to the election campaign by providing 2.6 million won per sum of 1.3 million won for the volunteers, who moved to the vehicle for promotion of the election of the Defendant Lee Jong-○ for 13 days from May 18, 2006 to May 30 of the same month from around 18, 2006.

Summary of Evidence

Facts No. 1: 1. In the third protocol of trial, the defendant Lee-○'s partial statement

1. The statements made by witnesses ○○ and ○○ in the second protocol of the trial; and

1. Statement of a witness in the third protocol of the trial;

1. Some of the legal statements made by the witness Kim○-○, Ma-○, Ma-○, Ma-○, Ha-○, and Ma-○, and Ma-○, respectively;

1. Partial statement made by the prosecution against Kim○-○;

1. The statement of each prosecutorial investigation officer prepared in relation to ○○○;

Facts No. 2: 1. The legal statement of Defendant Park Jong-○

1. Statement made by a witness ○○ in the third protocol of the trial;

1. Each statement made by an official in charge of the prosecution investigation of the person in charge of transmission, Kim ○ and Kim ○;

Application of Statutes

1. Article applicable to criminal facts;

A. Violation of the Public Official Election Act: Articles 230(1)4, 135(3) and 135(3) of the Public Official Election Act: Violation of the Political Funds Act; Articles 49(2)3 and 36(3)2 of the Political Funds Act; Defendant Park ○; Articles 230(1)4 and 135(3) of the Public Official Election Act

1. Commercial competition;

Defendant ○○: Articles 40 and 50 of each Criminal Act (the Public Official Election Act as of May 2, 2006 and the Political Funds Act as of May 2, 2006, and between the violation of the Public Official Election Act as of June 2, 2006 and the violation of the Political Funds Act: Punishment provided for the violation of the Public Official Election Act with heavier punishment)

1. Selection of punishment;

A. Defendant ○○: Selection of imprisonment with prison labor

B. Defendant Park ○-○: Fine.

1. Aggravation for concurrent crimes;

Defendant 00: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment heavier than that prescribed in the Public Official Election Act No. 1. b)

1. Detention in a workhouse;

Defendant Park ○: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant ○○: Article 62(1) of the Criminal Act (see, e.g., the scale of provision of money and valuables, the first offender)

1. Order of provisional payment;

Defendant Park 00: In this case, the reason for sentencing against Defendant Lee ○, who is the reason for sentencing on Article 334(1) of the Criminal Procedure Act, is the case where Defendant Lee ○○ offered money and valuables not permitted by the Public Official Election Act to his election campaign team, and at the same time disbursed money and valuables corresponding to political funds without going through the procedures provided by the Political Fund Act. Such offering and disbursement of money and valuables may lead to a clean and fair election culture through the process of achieving the financial ability of the candidate to run an election for public office, thereby hindering the settlement of a fair and fair election culture, and also causing the harmful effects of the election for public office, and shall be subject to strict liability corresponding thereto by impairing the transparency of political funds. Thus, the amount provided and disbursed by the defendant shall be 5 million won or more, and the fact that the withdrawal and disbursement of the money and valuables by the defendant is denied and avoided its crime shall be determined as per the text.

The presiding judge, the senior judge;

Judges Lee Jae-ho

Judges Kim Gung-han