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(영문) 서울중앙지방법원 2013.05.09 2012고합1104
정치자금법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

270,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant was a person who participated in the 5th local election implemented on June 2, 2010 as a candidate for the Asan City (D party).

On February 2, 2010 to March 3, 2010, the Defendant promised the FF Bank Chairperson I, who was operating H golf courses in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Group at the time, to “on the face of an election fund of KRW 200 million, to help the golf course business after winning an election.” On April 2010, the Defendant received KRW 200 million from K in the JJ village in Asia-si.

On May 23, 2010, the Defendant called I by phone to I at a place in Asan Si, Asan, and requested I to “the additional subsidy of KRW 20 million due to the shortage of election funds”, and instructed I to “the Defendant-friendly job offering L, who received money from I,” respectively.

L was received KRW 20 million from theO that was under I's instructions at the N Parking lot in Asan City around that time, and delivered it to the defendant at the front parking lot of the defendant's election office in the same Dong.

On May 26, 2010, the Defendant again called I at a place in Asan Si and again called I, and requested L to “the additional subsidy of KRW 50,000,000,000,000,000 which is short of election funds”, and instructed L to read “I receive money from other persons.”

L around that time, L received KRW 50 million from the aboveO at the Q cemetery parking lot in Asan City P, and delivered it to the defendant in front of the election campaign office.

Accordingly, the Defendant received a total of KRW 270,000,000 from I on three occasions in a way that is not stipulated in the Political Funds Act.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness I, R, S, and T;

1. The statements of witnesses U, V and W in the third protocol of trial;

1. In the fourth trial records, each statement made by a witness and L in the protocol;

1. The fifth prosecutor's protocol of interrogation of the accused (No. 109);

1. Prosecutions against X.

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