(영문) 대전지방법원 2014.2.14.선고 2012고합352 판결

Defendant A shall be punished by imprisonment with prison labor for one year, by imprisonment with prison labor for ten months, and by imprisonment with prison labor for eight months: Provided, That the execution of each of the above sentence against the Defendants shall be suspended for two years from the date this judgment becomes final and conclusive.

Of the facts charged against the Defendants, each of the violation of the Political Funds Act listed in the attached Table 4, 5, 12, 14 through 17 shall be acquitted.

Reasons

Criminal facts

On December 29, 2008, Defendant A submitted to the National Assembly a partial amendment bill of the first law (hereinafter referred to as “the amendment bill of the law”), which contains the following: (a) the president of the National Federation of I (hereinafter referred to as the “T”); (b) the management director of the National Federation of IF; and (c) the chief director of the IF of the IF to enhance the soundness in the management of IF; (d) the president of the National Federation shall be non-standing; and (e) the president of the IF shall be the non-standing director in order to enhance the independence of directors in each business sector; and (e) the measures to use external experts as professional directors instead of reducing the number of internal directors from the country of origin.

In light of the fact that the above government amendment was passed, the Defendants were aware that the rights of union directors, including the National Federation Chairperson, were significantly reduced, and were organized under the control of the Planning and Coordination Office on March 2010, and the above government amendment was not passed through the above amendment promotion team, and the Defendants were willing to prepare the amendment itself and propose the legislation of the National Assembly members.

【Roles of Defendant A’s role in managing all acts for the amendment of the Act. Defendant B created a law-oriented team under the control of the planning and coordination office, and instructed Defendant B to prepare a law-oriented amendment itself, and managed all acts for the amendment of the Act by assisting Defendant A, such as planning a general and comprehensive plan for allowing the amendment to be passed at the National Assembly. Defendant C directed the members of the law-oriented promotion group under the planning and coordination office, to prepare a law-oriented amendment proposal, and to plan a specific plan for allowing the amendment to pass at the National Assembly, and performed a role in managing all acts for the amendment of the I Act in practice.

【Activities for the Amendment of Law by Defendants and Related Persons, etc. 102)1

① On March 25, 2010, in order to respond to the proposed amendment submitted by the Government, the planning and coordination team formulated a strategic plan to manage the National Assembly members, etc. belonging to Qu Committee on a regular and daily basis by preparing documents referred to as “measures and tasks following the implementation of the amendment of the Act.”

On March 26, 2010, in order to specify the above plan in the amendment promotion team, the document of the title "Personnel Management Plan related to the promotion of the amendment of the law" was prepared to provide political funds as a way to strengthen ties with the National Assembly members belonging to Qu Committee, and measures were prepared to induce the working-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level

On March 30, 2010, in order to strongly represent the I's position on the draft amendment submitted by the Government, the document of the title "Implementation of the I's Amendment (for the Strategic Meeting)" was prepared by selecting two or three core members for each party and managing the document intensively, and the Defendants distributed the above document to the standing directors such as the business representative, the inspection supervisory directors, and the head of the Central Headquarters (branch) and the head of the local headquarters (branch) in the first quarter of April 1, 2010, held from April 1, 2010 to April 2, 2010.

④ At the end of March 2010 or on April 4, 2010, the Defendants asked to the effect that the law would be amended in favor of members of Qua Committee, namely, to the effect that the law would be amended in favor of members I.

⑤ On April 6, 2010, at the promotion team of the amendment of the law, sent 10 local headquarters-related persons, etc. nationwide to the title "management status and management plan of the National Assembly members subject to cooperation related to the promotion of the amendment of the I law", and identified the members of the National Assembly and their related persons in each region, and instructed them to forward the management status and management plan for the National Assembly members by April 9, 2010 in order to promote the I-led amendment of the law through their related persons.

④ On April 6, 2010, Defendant A and B asked to the effect that the I Act would be amended in favor of 0 members through the PlaI Vice-Chairperson, a relative to the members of the Qua Committee.

7) Around April 7, 2010, the Government prepared documents of the title "the promotion plan for the amendment of the Telecommunication Act" at the promotion team of the amendment of the Qua Committee on the premise that the amendment of the Act submitted by the Government may be presented to the Qua Committee, to propose legislation through the National Assembly members belonging to the Qua Committee. A plan was formulated to include measures to select 2 - 3 core members from among the National Assembly members belonging to the subcommittee for the examination of the legislative bill under the Qua Committee to support the above legislative proposal.

On April 27, 2010, the National Assembly member belonging to Qu Committee was systematically managed by sending a medal to the 10 local headquarters-related persons, etc. of the 10 local headquarters (branch) to the title of the "request for submission of management status and plan concerning the persons who cooperate in the promotion of the amendment of the Act", and the interview was conducted by reporting in advance the interview plan, etc.

① From April 2010 to May 2, 201, according to the Defendants’ instructions, the head of the Gyeonggi-do District Headquarters requested the revision of the I Act to the effect that the I Act would be favorable to the S Council members, together with the T Major Director, who is a relative of the S Council members belonging to the Q Committee.

0. From May 5, 2010 to June 2010 to 10 local headquarters(branch), sent mail to the 10 persons related to the National Assembly members related to the promotion of the amendment of the Act to identify the whole members of the National Assembly and their related persons, and ordered them to report the results by May 13, 2010.

① On May 18, 2010, the Defendants discussed the progress of the amendment of the Act and future countermeasures to the effect that at the meeting of the chairman of the first regional cooperation council in 2010 held at the 9th conference of the National Federation, the Defendants prepared the I-led alternative legislative proposal, and that the specific prevention and schedule should be determined at the meeting of the board of directors at the beginning of June.

B On May 31, 2010, in order to promote the amendment of the law, the head of the 10 regional headquarters(branch) sent a summary of the title "request for the cooperation of the members of the National Assembly" to the persons related to the 10 regional headquarters(branch) across the country, and notified the related parties currently secured to grasp the cooperation of the members of the National Assembly and to select the core member on the basis of this.

③ On June 3, 2010, the 5th 5th th th th th th th th th th th 2010, the Defendants discussed to organize a committee for the promotion of the amendment of the law to take charge of the deliberation of the amendment of the law, the selection of proposing National Assembly members, including the representative legislative proposing National Assembly members, and the request for legislative proposal to them. On June 4, 2010, the 10th th th th th th th th 206, sent a domain to the 10 local headquarters (branch) related persons, etc. nationwide, and ordered them to contact all National Assembly members, including National Assembly members belonging to the Q Committee, according to the promotion of

On June 12, 2010, according to the orders of the Defendants, the head of the U- Gwangju metropolitan regional headquarters requested the revision of the law to the effect that the law would be favorable to V members, along with the Wooa president, who is the relative of the V members of the Q committee.

1. Following the direction of the Defendants in June 2010, X Seoul District Head of QU asked to the effect that the Act would be amended in favor of the assistant officers of the QU and Z in favor of 1.

17. On June 19, 2010, according to the orders of the Defendants, the president of the AAB branch asked the QB branch to amend the law in favor of the AB members belonging to QB, together with 11 president, etc. in the former North Korea.

On June 23, 2010, Defendant A and B asked to the effect that the law would be amended in favor of the AC member, the chairman of the QP Committee, would be favorable to I.

1⑨ 2010. 6. 28.경 피고인 A, B은 Q위원회 소속 AD 의원의 연고자인 AE 일산 I 이사장과 함께 AD 의원을 만나 에 유리하도록 법이 개정되게 해 달라는 취지로 부탁하였다.

(2) On June 29, 2010, at the amendment promotion team of the law, sending the text of the title "AC, L, S, AF, AG and AH to the departments affiliated with I Federation, three regional headquarters-related persons, etc." to first select AC, L, D, S, AF, AG and AH as a member of the National Assembly who is eligible for support. From July 7, 2010 to July 9, 2010, the results are reported to be from July 16, 2010 to the support account of the member of the National Assembly, and the result is to be reported to the address of the receipt receipt receipt, and to be notified by indicating "T".

On July 5, 2010, Defendant A and B asked to the effect that the law would be amended in favor of QH members belonging to QH Committee.

22. On July 6, 2010, according to the direction of the Defendants, the head of the AI Busan District Council requested that the Act be amended in favor of AC members.

On July 13, 2010, Defendant A and B asked to the effect that the law should be amended in favor of the AJ members belonging to QJ Committee.

24. On July 23, 2010, Defendant A requested L Council members to propose a representative legislative proposal for amendment of the first law prepared by the 1 Federation.On July 26, 2010, Defendant A and B requested to the effect that the law would be revised in favor of S Council members in favor of S Council members.On July 26, 2010, Defendants held a meeting of the Committee for Promotion of the Amendment of the Law and the sixth Board of Directors on July 27, 2010, and confirmed that L Council members will act as the representative of the amendment of the law that was formulated by this himself.

On July 28, 2010, Defendant A and B asked to the effect that the law would be amended in favor of the AG members belonging to QG Committee.

On August 6, 2010, the amendment of the law, instead of accepting the non-standing members of the Chairperson of the I Federation included in the above government amendment bill, newly establishing evaluation rights, dismissal recommendation rights, etc. of employees and executive directors (business sector directors) and maintains substantial authority, increase the number of directors of I Federation more than the Government amendment bill, and prepare an amendment of the I Act, which contains the contents of reducing the number of professional directors.

On August 9, 2010, Defendant A asked to the effect that the law should be amended in favor of AC members.

From July 29, 2010 to November 3, 2010, Defendant A requested to the effect that the law should be amended in favor of L Council members. From July 29, 2010 to November 3, 2010, Defendant C visited L Council members' office with AK and AL, etc., and discussed the contents and progress of the amendment so that L Council members can propose a representative legislation of the law. On October 5, 2010, Defendant A requested to the effect that the law should be revised in favor of AO members belonging to the Q Committee, and the law should be revised in favor of AB members in favor of AB members.

34 On October 28, 2010, in the legislative amendment promotion team, sent a summary of the title "Cooperation in understanding the members of the National Assembly for the purpose of the amendment of the law" to persons related to the 10 regional headquarters (Chapters) across the country, etc., and instructed L Council members to grasp the members of the National Assembly who can jointly propose the amendment of the law, and report by November 8, 2010.

35 On November 1, 2010, Defendant A asked to the effect that the law should be amended in favor of AD members.

On November 1, 2010, L member of the National Assembly proposed a law amendment representative, and on November 24, 2010, it was presented to Qua Committee on this case, but there was no progress due to the investigation by the relevant prosecutor, etc., on May 29, 2012, the National Assembly was dissolved on May 18, 2012, and the amendment was automatically abolished.

[Abstract of Crimes by Defendants]

As seen above, in order to revise the law as desired, the Defendants recognized the fact that the cooperation of the members of the National Assembly belonging to the Q commission, which is the competent standing committee in the promotion of the amendment of the law, is essential, and in order to enable the members of the Q commission to actively take part in the proposal, examination, etc. of the bill, the Defendants asked the relevant member of the National Assembly through the relatives of the National Assembly members belonging to Q commission, from among the members of the unit unions, from among the members of the National Assembly in the I Federation, regional headquarters (branch), and asked the National Assembly members of Q commission to revise the law through the relative of the member of the National Assembly belonging to the Q commission. On the other hand, the Defendants attempted to contribute political funds in the name of the staff of Q commission

From March 1, 2010 to November 1, the Defendants: (a) requested the purpose of proposing any amendment to the I Act made by their member of the National Assembly directly or through I-related persons, etc. in accordance with the plan established in advance; (b) requested that Qua Committee pass the above amendment; (c) the National Federation’s employees, regional headquarters employees, and unit employees deposited 10,000 won to the National Assembly members’ association affiliated with Qua Committee’s 15th National Assembly members’ association; (d) the Defendants sent a list of sponsors to the office of the relevant National Assembly members; and (e) the Defendants sent a list of 10,000 won to indicate the fact that they will provide support money to the 15th National Assembly members’ association; and (e) the Defendants sent a list of supporters to 30,000 won through 15th National Assembly members’ association; (e) the amendment bill to Q21 to 1810,000 to Q20,000 won under the name of the National Assembly members’s affiliated 1 to 312.

Summary of Evidence

1. The statement that Defendant B had requested the National Assembly member’s supporters’ association to support a contribution of political funds in the second trial record; 1. The statement that Defendant C knew of the fact that Defendant B had requested the National Assembly member’s supporters’ association to support a contribution of political funds; 1. The witness AK, J, AT, AU, N, R, T, AV, AV, AX, AY, AY, K, Z, BA, U, BC, BC, BC, AI, and BD respective legal statements;

1. The statement of witness BE in the fourth trial record;

1. Each part of the witness BF's statement in the fourth trial record, and witness BG, BH, X, and BI's statement in the fifth trial record;

1. AL, BJ, BL, BM, BN, AA, Q, BP, BP, BS, BS, BV, BV, BY, BY, CA, CB,CC, CD, CF, W, CP, CG, CG, CH, CI, CJ, CTR, CTR, CCP, CCP, CCP, CCP, CCP, CCP, CCP, CU, CU, CV, CV, CV, CV, CV, CV, CV, CY, CV, CY, CV, CF, DB, DB, DG, DG, DG, DG, DG, DG, DG, DG, DG, DG, DG, DD, DG, DD, DD, DPE, DPE, DPE, DM, DD, DM, DPE, DPE, DD, ED, ED, ED, ED, EES, EES, EES, EES, voluntarily, ES, voluntarily, voluntarily, ES, respectively;

1. 수사보고서(I 중앙회 조직도 등 첨부 보고), 수사보고서(국회 Q위원회 및 소위원회 명단 첨부 보고), 수사보고서(국회 Q위원회 심사 법안 첨부 보고), 수사보고서(국회 Q위원회 소속 국회의원 후원금 계좌 첨부 보고), 수사보고서(I법 개정 공동발의 의원 파악 명단 첨부 보고), 수사보고서(정보 공유 게시판 관련 첨부 보고), 수사보고서(서울 지역본부 직원 X의 메일 출력자료 첨부), 수사보고서(서울 지역본부 직원 BG의 메일 출력자료 첨부), 수사보고서(서울 지역본부 직원 BH의 메일 출력자료 첨부), 수사보고서 (인천경기 지원팀장 BL 받은 메일), 수사보고서 (인천경기 지역본부 직원 EP 받은 메일), 수사보고서(부산경남본부 본부장 AY의 보낸 메일 첨부 보고), 수사보고서 (부산경남본부본부장 AY의 받은 메일 첨부 보고), 수사보고서(부산경남본부 지원팀장 AX의 보낸 메일 첨부), 수사보고서 (부산경남본부 지원팀장 AX의 받은 메일 첨부), 수사보고서(광주전남 지역본부장 U의 받은 메일 확인), 수사보고서 (광주 전남 지역본부장 U의 보낸 메일 확인), 수사보고서(광주전남 지역본부 직원 BA의 보낸 메일 확인), 수사보고서(광주전남 지역본부 직원 EQ 보낸 메일 확인), 수사보고서(대전 지역 본부장 N 받은 메일함 확인), 수사보고서(대전 지역본부장 N 보낸 메일함 확인), 수사보고서(대전충남 지역본부 직원 AU 보낸 메일 확인), 수사보고서, (대전충남 지역본부 직원 ER 받은 메일 확인), 수사보고서(전북지부장 AA 메일), 수사보고서(전북지부 직원 BP 페일), 수사보고서(전북지부 직원 BM 메일), 수사보고서 (전북지부 직원 ES 메일), 수사보고서(충북지부장 BQ 메일 확인), 수사보고서 (충북 지부 직원 AW 메일), 수사보고서(충북지부 직원 BO 메일), 수사보고서(강원지부 지부장 BU의 받은 메일 출력자료 첨부), 수사보고서(강원지부 직원 BW의 받은 메일 출력자료 첨부), 수사보고서(강원지부 직원 ET의 보낸 메일 출력자료 첨부), 수사보고서(제주지주 지부장 BX의 보낸 메일 출력자료 첨부), 수사보고서(제주지부 직원 BY의 보낸 메일 출력자료 첨부), 수사보고서(제주지부 직원 BY의 받은 메일 출력자료 첨부), 수사보고서(I 중앙회 관리이사 B 받은 메일 확인), 수사보고서(I 중앙회 기획조정실장 C 받은 메일 확인), 수사보고서(I 중앙회 이사 CI 받은 메일 확인), 수사보고서(I 중앙회 부산동부 상무 K 받은 메일 확인), 수사보고서(I 중앙회 이사 CN받은 메일 확인), 수사보고서(I 중앙회 광주 삼애 이사장 W 받은 메일 확인), 수사보고서(I 중앙회 이사 CK 받은 메일 확인), 수사보고서(I 중앙회 전주 성가 이사장 AP 받은 메일 확인), 수사보고서(I 중앙회 부속실 압수물 사본 첨부 보고), 수사보고서(B 관리이사 압수물 사본 보고), 수사보고서(AK 제출 I 중앙회 위임전결 규칙 등 첨부 보고), 수사보고서(I 중앙회가 제출한 검찰 요청자료 분석 결과), 수사보고서(참고인 P 출석불능 및 전화진술 청취 보고), 수사보고서(정치 후원금 세액공제 관련자료 첨부 보고), 수사보고서(BF 압수물 사본 첨부 보고), 수사보고서(A 중앙회장 사무실 압수물 사본 첨부 보고), 수사보고서(I 중앙회 비서실 압수물 첨부 보고), 수사보고서(I법 개정안 각 조문별 비교표, I법 개정 주요 쟁점에 관한 I 측의 의견 편철 보고), 수사보고서(2차 수입계좌 압수수색 집행 및 Q 소속 국회의원 후원금 추가 후원 및 반환 확인 보고), 수사보고서(I법 정부 개정안과 L 의원의 I 안의 주요 내용 검토 보고), 수사보고서(I법 정부 개정안, L 의원 발의안 진행 경과 확인 보고), 수사보고서(국회의원 후원 관련 추가 메일 확인 보고), 수사보고서(2009. 6. 29. 개정 1중앙회 위임 전결 규칙 첨부 보고), 수사보고서(A 후원금 영수증 편철 보고), 수사보고서(복사골I DI 통장 사본 첨부 보고), 수사보고서(I 중앙회 직원들의 법 개정과 관련된 출장 내역 첨부 보고), 수사보고서(광주전남 지역본부 산하 각 평의회의 V 의원에 대한 후원금 송금 현황 파악), 수사보고서(Y 의원 후원금 통장 사본 및 CMS 후원인 명단 내역 편철 보고), 수사보고서 (AH 의원의 국회의원 회관 사무실에 보관 중인 2010년도 정액 영수증원부 사본 편철), 수사보고서(L 의원 후원회의 수입부 사본, 영수증 원부 사본 등 제출 보고), 수사보고서(AC 의원 후원회 회계 책임자가 작성한 I 직원 후원 현황 편철 보고), 수사보고서(AD 의원 후원회의 2010년 7월 후원 금 영수증 보고), 수사보고서 (0 의원 메일 진술조서 편철 보고), 수사보고서(0 의원 회계 책임자 EU 전화 진술 청취 보고), 수사보고서 (중앙선관위가 제출한 의원별 2 차 수입계좌 통장 사본, 국회의원별 후원 및 반환 현황 편철 보고), 수사보고서(I법 현행법, 정부안, L 의원안 비교 분석 결과), 수사보고서(피의자 A 4회 조사 시 제시하였던 자료 첨부), 수사보고서(L 의원 후원회의 2010년 후원회 영수증 발급대장 사본 등 첨부), 수사보고서{2008~2010년도(7.1. ~ 8.31.) L 의원 정치자금 계좌 및 후원회 계좌 사본 첨부), 수사보고서(BF 노트북 발견 국회의원 연고자 현황 및 관리방안 첨부 보고), 수사보고서 (BF 노트북 분석 자료 중 I법 개정 관련 자료 첨부), 수사보고서(AK 노트북 분석 자료 중 법 개정 관련 자료 첨부), 수사보고서(AK 컴퓨터 I법 개정 관련 자료 첨부 보고), 수사보고서(AK 작성 국회의원 후원 관련 협조요청 메일 등 첨부 보고), 수사보고서(AK USB 분석자료 중 I법 개정 관련 첨부 보고), 수사보고서(AK 메일 분석 자료 첨부 보고), 수사보고서(BF 수신메일 I법 개정 관련 자료 첨부 보고), 수사보고서(AL 컴퓨터 분석 자료 중 법 개정 관련 자료 첨부 보고), 수사보고서(A, EV 메일 분석 자료 중 법 개정 관련 자료 첨부 보고), 수사보고서(EW 컴퓨터 I법개정 추진위원회 활동 결과 첨부 보고), 수사보고서(2010년도 기획조정팀 주간업무 보고 자료 첨부 보고), 수사보고서(I 중앙회 내부 게시판 분석 자료 첨부 보고)의 각 기재

Application of Statutes

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

Defendants: Articles 45(2)5 and 32 subparag. 3 of the Political Funds Act; Articles 30, 34(1), and 31(1)3 of the Criminal Act (including each member of the National Assembly subject to the contribution of political funds), each of which covers imprisonment lines 2. Concurrent Crimes

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (up to the amount of concurrent crimes stipulated in the violation of the Political Funds Act due to a contribution of political funds to a member of the National Assembly L with the largest number of crimes)

3. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (General Considerations favorable to the Reasons for Sentencing below)

Judgment on the Defendants and defense counsel's assertion

1. Summary of the assertion

A. Defendant A

In relation to the amendment of the law, Defendant A does not support the liability as a co-principal because there is no fact that Defendant A instructed Defendant B, C, etc. to contribute a small amount of political fund to a National Assembly member or received a report on the specific contents from Defendant B, C, etc.

B. Defendants B, C

Defendant B and C: (a) ordered KK to request the executive officers and employees of the I Federation and the respective regional headquarters to provide support for the members of the National Assembly; (b) accordingly, it is recognized that the executive officers and employees of the first group I and the National Federation have provided political funds to the members of the National Assembly; but (c)

1) When interpreting Article 32 subparag. 3 of the Political Funds Act, taking into account the right to petition of the citizens, freedom of political expression, and freedom of political activities of the National Assembly members recognized under the Constitution, solicitation related to political funds contributions should be illegal and unjust. Even if Defendant B and C’s request for a review of one opinion on the amendment of the I Act with respect to L of National Assembly members constituted solicitation in the form of a legislative proposal, such solicitation does not constitute an illegal or unjust solicitation. In addition, where solicitation is not illegal or unjust, it is recognized that only where the solicitation and the solicitation are promised to contribute political funds in return for solicitation. In addition, there is no proof of the fact that Defendant B, C and National Assembly members promised to contribute political funds in return for solicitation, and thus, it cannot be deemed that the “political funds” was donated, and thus, the crime of violating Article 32 subparag. 3 of the Political Funds Act is not established.

2) The portion of each political fund contribution listed in the annexed Table 1 Nos. 20 through 43, 103 through 105, 160 through 163, 165 through 196, and 170 through 241 of the crime sight table 2, the part of each political fund contribution in the annexed Table 10 to 10 to 38 through 50 of the crime sight table is a political fund contribution made regardless of the request of the Defendants, in consideration of the Defendants’ respective political funds contribution made after the Defendants’ request.

2. Whether Defendant A has a criminal liability as a co-principal

A. Relevant legal principles

The co-principal under Article 30 of the Criminal Act is established by satisfying the subjective and objective requirements of criminal practice through functional control by the intention of co-processing and the intention of co-processing. As such, a person who does not directly share and implement the elements of a crime among the competitors, depending on whether the above requirements are met.

The so-called crime liability as a co-principal may be the so-called crime. On the other hand, in order to be recognized as a co-principal by a co-principal who did not directly share the elements of a crime as a co-principal, the functional control over the crime through an essential contribution to the crime should not be recognized by comprehensively taking into account his/her position and role in the whole crime, the control of the progress of the crime, and the record of the crime (see Supreme Court Decision 2010Do3544, Jul. 15, 2010).

Meanwhile, in relation to co-offenders who are jointly engaged in a crime, a conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process a crime and realize the crime. Even if there was no process of conspiracy, if a combination of doctors is formed by either successively or implicitly and through the agreement among several persons, a conspiracy relationship is established. If there was no direct participation in the act of conspiracy, even if there was no direct participation in the act of conspiracy, a person who is not directly involved in the act of conspiracy shall be held liable for the act of another co-principal. Such conspiracy may be acknowledged by the circumstantial facts and empirical rules (see, e.g., Supreme Court Decision 200454, Dec. 24, 2004).

(b) Fact of recognition;

Comprehensively taking account of the evidence duly adopted and examined by this Court, the following facts are recognized.

1) Activities carried out by executives and employees of I before the contribution of political funds is carried out

A) Prior to the instant case, the legal team under the direct control of the management director was in charge of the I Act amendment. Defendant A accepted the recommendation of Defendant B, C, etc., and, around April 2010, the above legal team restructuringed the above legal team into the legislative amendment promotion team (the team leader BF, the counter members AK, and the AL) to which the planning and coordination team belongs.

B) AK, around March 25, 2010, shall promote the amendment proposed by the National Assembly members, including EX (O. 28, 2008, October 29, 2008) and EY (O. 4, 2010, the date of the submission), and the procedures and countermeasures for expected amendment of the Act (specifically, the submission of the Government's I Act to be withheld; if the amendment is proposed, the abolition of the legislation shall be promoted, and if the abolition of the legislation does not take place, efforts shall be made to secure friendships so that they may continue to be examined by the legislative review subcommittee of the National Assembly Qel Committee, and emphasizing the need for regular and daily management of the Committee).

written evidence of 398 pages - 399, separate books 3-3 up to 9 pages -

C) around March 26, 2010, K drafted a document stating "the personnel management plan related to the promotion of the amendment of the Act" (Evidence No. 400 pages), and the above document is divided into three parts, and manages it through three parts, and one of the detailed management methods is using a political support fund (tax credit of KRW 100,000 per head), among which:

In order to prevent the structural involvement of the Anh Council, the working-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-level-based-level-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-level-based-based-based-based-based-based-based-based-based-based-based-based

D) In order to report to a superior on March 29, 2010, AK drafted a document stating that the “measures following the amendment of the Act” was taken by adding a review opinion on the major issues in the documents related to countermeasures and tasks following the amendment of the Act as of March 25, 2010 (Evidence No. 401, Book No. 3-220, Book No. 41, Book No. 41).

E) On March 30, 2010, K sent a note to Defendant C and BF, accompanied by the document of “measures following the amendment of the Act,” which is similar to the documents of “measures following the implementation of the amendment of the Act” as of March 29, 2010, and the document of “measures following the amendment of the Act (as of March 29, 2010, for summary and strategic meetings)” to the effect that the document was prepared based on a response theory to make it possible to explain to related persons, etc. than the detailed contents of the bill (Evidence Nos. 401, 3-121 to 43).

F) From April 1, 2010 to April 2, 2010, the I Federation held in the Free Trade Group to the first quarter of 2010, and distributed the participants (standing executives, the head of the central headquarters, the head of the regional headquarters, the head of the regional headquarters, the head of the regional headquarters, and the head of the planning and coordination team) with the documents called "measures (for the first quarter of 2010) following the amendment of the I Act." Defendant A and B were present at the first quarter of 2010. In particular, Defendant B continued to change the management of their relatives for the management of members of the National Assembly (Evidence No. 418 to 421).

G) On April 6, 2010, AK requested the submission of a management plan for the personnel who are the cooperation partners related to the I Act amendment to the law as title, and if the law is not presented at this time, it is necessary to systematically manage the relevant personnel for preparation for other proposals and the I-led amendment of the law. Thus, on April 9, 2010, AK sent to the head of BF team and each regional headquarters a mail requesting the submission of answers by ascertaining the current status of the relative until April 9, 2010 (No. 3-145 pages for evidentiary records).

H) On April 7, 2010, 2010, the BF sent the BG to the head of the Seoul Regional Headquarters Support Team, and on April 6, 2010, the CF sent a letter to the management director, and the staff of our team sent a letter to the members of our team not by individual judgment but by the demand of the upper line. Therefore, the AK's formal decision-making process (Evidence No. 434 page 6) was changed to understand the data directly requested to each regional headquarters) (Evidence No. 434 page 6). On April 8, 2010, the C and EZ, AL, and BF, based on the assumption that the revised bill was deferred, the BF prepared a way to promote the amendment of the Act as a member's legislative proposal, "on the date of the above defendant C's order, the AK prepared a letter of view that Q-16 was a member of the National Assembly and a representative member of Q 10-4 p. 6, respectively.

(j) On April 27, 2010, K sent to each regional headquarters the title "request for submission of a plan and management status of persons who cooperate with respect to the promotion of the amendment of the law." In any case, systematic management of local National Assembly members with the key of the amendment of the I law is imminent in all cases.

I) The National Assembly of 0th 6th 1th 2th 6th 6th 6th 6th 6th 6th 6th 6th 1th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 7th 6th 6th 6th 6th 6th 1st 6th 1st 6th 6th 606th 1st 6th 1st 5th 6th 606th 1st 6th 1st 201.

시일이 촉박하므로, 국회의원 연고자 등에 사전 접촉을 통해 1의 입장을 지속적으로 전달할 필요가 있었다(증거기록 4213면 ~ 4220면), 거) AK은 2010. 5. 24. 각 지역본부로부터 회신받은 국회의원 연고자(96명)를 취합하여, 'I법 개정 추진 관련 국회의원 연고자 현황 파악'이라는 문건을 작성하였는데, ' 법개정 추진반에서 각 지역별로 3명 내지 4명의 핵심 추진 의원(Q위원회 소속 위원은 전원 핵심 추진 의원으로 선정)을 선정하고, 핵심 추진의원에 대해 법개정 추진계획을 설명하며, 핵심 추진의원에 대한 후원계획을 수립하여, 각 지역본부에 안내하되, 조직적 차원의 후원방침에 의하여 일시에 후원이 집중될 수 있도록 하고, 핵심 추진의원에 의한 법 개정안 발의를 추진한다'라는 내용이다(증거기록 410면 ~ 411면, 별책 3-2 5면 ~ 12면), 피고인 B은 위 법 개정 추진 관련 국회의원 연고자 현황 파악'이라는 문건을 보고받았다(증거기록 1021면). 너) AK은 2010. 5. 31. 피고인 C, B과 각 지역본부에, '중앙회는 6월초 이사회에서 법 개정 추진과 관련한 주요사항을 정하고 본격적인 법개정 추진에 나설 예정입니다. 최근 국회사무처에 방문해본 결과 Q원의 변동은 거의 없을 것이라는 전언입니다. 따라서 현재 확보된 연고자들 중심으로 본격적인 법개정 추진을 위한 핵심추진의원을 선정하자고 합니다. 현재 전체적으로 약 95명의 국회의원에 대한 연고가 파악되어 있으나, 법 개정안에 대한 협조여부 등을 가늠하기는 매우 어려운 실정입니다. 따라서, 선결과제로서 연고자가 파악된 국회의원에 대한 협조도를 구분해서 핵심 추진의원을 선정하고자 하오니, 지역에서 직접 접촉을 추진해주시고, 그 결과를 6. 14.까지 법개정반으로 통보해 주시기 바랍니다. 자료는 일단 을 소개하고 주요 개선사항을 건의하는 방식으로 작성했습니다. 건의사항 중 법과 관련된 사항이 6월 ~ 7월경 법개정 추진시에 반영될 주요 내용이라는 점을 부각해주시면서, 협조 가능 여부를 타진하시면 될 것 같습니다.'라는 내용의 메일을 보냈다(증거기록 580면 ~ 581면). 더) AK은 2010. 6. 4. 각 지역본부에 '중앙회 이사회(5차 이사회)에서 법 개정 추진방안이 확정되었습니다. (중략) 일전에 안내한 국회의원 접촉 협조요청과 관련하여 몇몇 지역에서 의견이 있었습니다. (중략) 1. 소개자료를 요약했으면 좋겠다. (중략) 동 의견에 따라 소개자료(국회의원 접촉자료)를 첨부와 같이 5장으로 요약해서 다시 보냅니다. (중략) 국회의원 접촉기한에 대해서는 아래와 같이 정리하였습니다. 1) Q원은 가급적 기한 내에 접촉(불가피하게 기한 내 직접면담이 불가할 경우 면담일정을 정해 14일까지 통보) (중략) 회장님 지역 순방시에도 법 개정 추진 관련 국회의원 관리 현황 등에 대한 논의가 있을 것으로 예상됩니다.'라는 내용의 메일을 보냈다(증거기록 833면 834면),러) AK은 2010. 6.경 피고인 C의 지시로 '국회의원 후원계획'이라는 문건을 작성하였는데, Q위원회 소속 국회의원 24명을 주로 후원하고, 우선 후원 대상으로 Q위원회 소속 AC, L, AD, S, AF, AG, AH 의원 7명을 선정하며, 위 후원 대상자들에 대한 후원금액을 정하고, 후원기간을 2010.7.7. ~ 7.9.까지로 하며, 2010.7.16.까지 후원 내역을 결과 보고 하도록 하는 내용으로(증거기록 465면, 473면 ~ 476면, 1022면), 피고인 B, C가 상의하여 위 우선 후원대상자 7명과 그들에 대한 후원액이 결정된 것이다.

(Evidence No. 1023 s. s. s. 1023) Each regional headquarters reported the details of support for the National Assembly members to the legislative amendment promotion team, and Defendant B was reported the details of support by each Council member (Evidence No. 1024 pages 1024).

2) The circumstantial facts leading Defendant A to recognize that he/she conspiredd to commit the instant crime

A) L, on the first day of April 2010, 201, prepared a document stating that “The amendment of the Financial Committee on his own computer is mainly about the governance structure of the Federation (such as the board of directors, the composition of the board of directors, the composition of the board of directors, the non-standing members, etc.) - The president of the National Federation may accept non-standing. These positions may be used in the last time weapons from the Korean side. This part of the governance structure of the National Federation may be used by us (including any other content of the amendment) (3-32 pages - 23).”

나) AL은 2010. 4. 15. 피고인 C와 FA, AK 등에게 '법개정안(협의용)(2010. 4. 15. 실무자검토완료최종본)'이라는 문건을 첨부하여 메일을 보냈고, 2010. 4. 19. 피고인 C와 FA, AK 등에게 '법개정안(협의용)(2010. 4. 15. 회장님 결재본)'이라는 문건을 첨부하여 메일을 보냈다. 위 메일에 첨부된 문건은 법 정부개정안에 대한 | 중앙회의 의견이 기재되어 있다(증거기록 별책 3-1 75면 ~ 76면).

C) On April 23, 2010, Defendant A attended the fourth board of directors held in the Jeonyang-gun, the said board of directors presented the documents that “measures following the promotion of the amendment of the Act” as reference materials to review the current status of the amendment of the Act, expected procedures and countermeasures, and major issues. The said documents are the same as those distributed as meeting materials at the strategic meeting held on April 1, 2010 (Evidence No. 408 pages-409 of the evidence record, 3-145 pages-5 of the evidence record to 57 pages).

D) According to the standard table of discretionary power of June 29, 2009, the head of the department shall approve all the duties of the legal team (Evidence Records 4383 to 4384, 4395 to 4396), and the standard table of discretionary power of May 31, 2010, Defendant A, who is the president of the I Federation, approved all the duties of the legal team (Evidence Records 2017, 2027).

E) On June 3, 2010, Defendant A attended the fifth meeting of the board of directors on June 3, 2010, and in relation to the amendment of the I law, Defendant A was deemed to have to form a friendly relationship with the members of the Qu Committee and to have selected two to three core members for each party who can support the representative proposing members. The board of directors decided to submit I’s own proposal to the Qu Committee through a member’s legislation, and there was a discussion on how to secure the members to propose legislation (Evidence No. 4519, No. 527 of the Evidence No. 4519, No. 527 of the Act) BF sent a note to Defendant C and the head of the Seoul Regional Headquarters on the same day, “National Assembly member’s voluntary participation rate,” “The National Assembly member’s voluntary participation rate,” and “434,4457 of the record” to the effect that Defendant A sent it to the head of the Seoul Regional Headquarters on July 2, 2010.

G) On August 3, 2010, BF sent the result of the National Assembly’s interview with the Defendants and FB, requesting the representatives of the draft amendment of I law, on the mail (Evidence Records 1184 pages).

H) Defendant A attended the 7th meeting of August 25, 2010, and CN directors arranged the relationship between support payments for the members of the National Assembly at the 22th meeting of the said board of directors. In the future, in amending the law, we have to hear our opinion and support the overall opinion of the regional council or the opinion of the president of the association. (m) The overall opinion of the regional council or the opinion of the president of the association should be sufficiently considered. It is not that in the future, we need to consider in the National Assembly’s support payments or all the revision of the law to the National Assembly. (Evidence No. 5253 & 5254 of the evidence record). Defendant A appears to the purport that Defendant A, on October 19, 2010, attended the 36th meeting of the president of the regional council in Gwangju, which was located in the NAV AD World Hotel, and that the amendment of the law was 36th meeting to the effect that it would be 5th 6th 6th 5-6-6-6-6-6 of the National Assembly bill bill.

In light of the following circumstances, i.e., Defendant A’s recommendation made by Defendant B and C to organize the legal team as a team for the promotion of the amendment of the Act; in relation to the amendment of this Act, Defendant A’s organization was formulated through donations from small amount of support payments; Defendant A sent to each regional headquarters; interview with members of the National Assembly; Defendant QAL’s request was made to identify the relatives of the National Assembly; Defendant’s cooperation with members of the National Assembly; ② Defendant AL submitted a report on the amendment of the Act to Defendant A’s non-permanent members on April 2010; Defendant A’s recommendation was made at the time of the amendment of the Act; Defendant A’s recommendation was made at the time of the amendment of the Act; and Defendant A’s non-permanent approval was given to Defendant B’s non-permanent approval on the amendment of the Act; and Defendant A’s non-permanent approval on the amendment of the Act’s name and the status of Defendant B’s National Assembly members of the National Assembly.

Therefore, the defendant A and the defense counsel's argument in this part is without merit.

3. Whether the Defendants are liable as co-principals for each political fund contribution listed in the annexed Table 1 Nos. 20 through 43, 103 through 105, 160 through 163, 165 through 196, and Table 2 No. 170 through 241

A. Relevant legal principles

In the case of co-principals, in light of all the circumstances, such as the means and attitudes of the crime, the number of participants and their inclinations, the time and place of the crime, the possibility of contact with others in the course of the crime, the possibility of contact with others, and anticipated possible reaction, etc., the conspiracys may lead to the occurrence of incidental crimes during the commission of the crime or going further to achieve the purpose. However, the conspiracys did not take any reasonable measures sufficient to prevent the occurrence of the crime, and eventually, if the crime was anticipated to have occurred, then they should be deemed to have a functional control over the whole crime, even though there was no contact with each other as to one of the derivative crimes (see Supreme Court Decision 2010Do1030, Jan. 27, 2011).

(b) Fact of recognition;

According to the evidence duly adopted and examined by this Court, the following facts are recognized.

1) On June 29, 2010, AK requested a local headquarters and its employees to contribute political funds to AC, L, AD, S, AF, AG, AH Council members (hereinafter referred to as "the first request for support"), and 'the first request for the contribution of political funds made upon such request'. ② On August 16, 2010, each regional headquarters and its employees made a request for the contribution of political funds to L, V, FC, Z, AB, AJ, Z, FD, FD, FF, FG, FG, 0 and Y Council members (hereinafter referred to as "the second request for support"), and the second request for the contribution of political funds made upon such request (hereinafter referred to as "the second subsidy support").

2) The Busan Special Metropolitan City Headquarters received the first request for support from AC and L Council members, and the Busan Special Metropolitan City Mayor's head of Busan Special Metropolitan City Mayor's head office (“Seoul Special Metropolitan City Mayor's head office”) stated to the effect that the first executive officers and employees of I in Busan Special Metropolitan City requested to contribute political funds to the above Council members, and the first executive officers and employees of I in Busan Special Metropolitan City who were not participating in the first support were aware of the first support, and that I would like to participate in the first support by communicating with the Busan Special Metropolitan City Mayor's head office, and that I (the staff of the Busan Special Metropolitan City Mayor's head office) was able to give additional support to AK, if there are many members of AW(the staff of the headquarters in Busan Special Metropolitan City, Busan Special Metropolitan City), AW (the staff of the headquarters in Busan Special Metropolitan City), AW's head office in order to guide I in support from July 12, 2010 to the Council members of A Special Metropolitan City, AW made a contribution of political funds, A.

C. Determination

In light of the above legal principles, even if the Defendants did not know of the fact that the above political funds were contributed, the Defendants were not aware of the fact that: ① at the time of the first request for support, K was merely a kind of guidelines to prevent a specific member from spreading support funds (AK’s legal statement of witness), ② in the event that the Defendants request the respective regional headquarters to provide support to the members of the National Assembly in excess of the amount set out in the guidelines for the members of the National Assembly located in the process of providing political funds to the members of the National Assembly; ② in the event that the employees of the regional headquarters request to provide support for the members of the National Assembly, the Defendants did not intend to give any additional subsidies to the members of the National Assembly in excess of the amount set out in the guidelines for the members of the National Assembly; and ④ in the event that the Defendants were not aware of the fact that the members of the regional headquarters were not able to give any subsidies to the members of the National Assembly, ④ in excess of the amount set forth in the guidelines for the members of the National Assembly, the Defendants’ demand to provide additional subsidies to the members of the National Assembly members of the local headquarters in Busan.

Therefore, this part of the Defendants and the defense counsel cannot be accepted.

4. Whether each political fund contribution listed in the table 11 Nos. 38 through 50 of the annexed list of crimes was made regardless of a request for support by one central association or regional headquarters;

On June 29, 2010, AK requested the first support of each regional headquarters and the employees of the Federation to send a medal. AH member is the first support object, and it is recognized that the executives and employees of Daejeon District Council requested the first support from July 7, 2010 to July 9, 2010 (Evidence No. 474 of the evidence record), and that the political funds were contributed to AH member as shown in [Attachment No. 11] 38 to 50 of the list of crimes committed on July 26, 2010.

However, this court duly adopted and examined the following circumstances, namely, ① the head of the Daejeon District Headquarters, and the working-level officers and employees of the Daejeon District Headquarters, were discussed. The executives and employees belonging to the Daejeon District Council shall support the members of the Council, and the I executives and employees belonging to the Western Council shall support the members of the Council, and the I executives and employees belonging to the Daejeon District Council shall be divided into the members of the M Council and the I executives and employees belonging to the Daejeon District Council (the witness N, AT, and AU’s statutory statement) and shall be able to support the members of the Daejeon District Council (the evidence record No. 4433), ② the members of the Daejeon District Headquarters, the members of the Daejeon District Headquarters, and the working-level officers and employees of the Daejeon District Council, and the members of the Daejeon District Council are deemed to have contributed political funds to the members of the Daejeon District Council on July 1, 2010.

Therefore, we cannot accept this part of the defendants' and defense counsel's assertion.

5. In interpreting Article 32 subparag. 3 of the Political Funds Act, whether solicitations related to political funds contributions are illegal and unjust

In full view of the fact that ① a solicitation on the affairs to be handled by a public official under the language and text of Article 32 subparag. 3 of the Political Funds Act does not require an illegal or unfair solicitation; ② a solicitation on the restriction on the contribution of political funds under Chapter VI of the Political Funds Act does not necessarily require an illegal or unjust solicitation on the grounds that political activities through the contribution of political funds are aimed at preventing the democratic formation process; ③ a contribution of political funds is likely to be connected to corruption through quid pro quo, and thus, it is difficult to find reasons to distinguish between a legitimate solicitation and an illegal or unjust solicitation in setting regulations on the contribution of political funds, in interpreting Article 32 subparag. 3 of the Political Funds Act, in full view of the fact that the act of solicitation related to the contribution of political funds is illegal or unjust.

50,000 shall be deemed to be limited.

Therefore, the Defendants and the defense counsel’s assertion, which is based on different premise, is rejected.

6. Whether political funds have been contributed in connection with solicitation;

As seen earlier, Article 32 subparag. 3 of the Political Funds Act cannot be deemed to be limited to illegal and unfair solicitations related to political funds. Article 32 subparag. 3 of the Political Funds Act means that donors are also political funds, and public officials are prohibited from making political funds in charge and handling affairs. Necessary accomplices refer to the necessity of cooperation among several people. The establishment of such crimes is merely necessary, and there is no need for the cooperation of all members. Therefore, only where the contributors and political parties agree to contribute political funds in consideration of the solicitations, it cannot be deemed that political funds were made in connection with the solicitations. In addition, ① The 1 Federation was the main objective of the amendment of the 1st National Assembly Act before the second half of 2010, which is the amendment of the 2nd half of 2010, which is the amendment of the 1st National Assembly Members Act and the amendment of the 2nd half of 2010.

Therefore, we cannot accept this part of the defendants' and defense counsel's assertion.

In light of the fact that the Defendants planned the crime systematically and planned in advance to revise the law in favor of the National Assembly members, the I Federation and one-line I made the members of the National Assembly pay small-amount support payments to the members of the National Assembly, the small-amount support payment system is ultimately preserving it with the national tax for the purpose of developing the political culture through the majority of the small amount of support, but the Defendants abused it, and the Defendants’ trust in the fairness and integrity of the members of the National Assembly and the transparency of the legislative process, which are the representatives of the sovereignty directly elected by the people due to the crimes of the Defendants, are damaged.

However, in light of the fact that the Defendants had no record of criminal punishment, the Defendants did not commit the instant crime for personal benefit, and the Defendants appears not to have been aware of the punishment for the instant crime, the punishment as set forth in the text shall be determined.

Parts of innocence

1. Of the facts charged against the Defendants, the violation of the Political Funds Act as stated in the attached list 5 of the crime sight table 5

A. Summary of the facts charged

The Defendants conspired to contribute political funds, such as the attached list 5, and contributed political funds to the organization-related funds. At the same time, the Defendants opposed to the amendment of the Act submitted by the Government during the amendment of the Act, and made a contribution of political funds in relation to the proposal of the amendment of the Act formulated by the I Federation or the solicitation to be passed by the Qua Committee.

B. Defendants’ legal actions

The Defendants did not request M Council members to contribute political funds through the Daejeon Southern District Headquarters, and decided to support M Council members in consultation with the staff of the Daejeon Southern District Headquarters and the Daejeon Regional Council.

According to the evidence duly adopted and examined by this Court, the following facts are recognized.

1) In the case of Daejeon, the Department, the Department, the Department, and the Central Council, each of which is under the jurisdiction of each of the Governors of the International Councils;

There is a vice-committee.

2) From among the persons subject to the first request for support, the members of the National Assembly located in the area of Daejeon (Seoul) is limited to AH. As such, NI Federation’s head of the Daejeon District Headquarters, the head of the Daejeon District Headquarters Support Team, AU, the vice-head of the Daejeon District Headquarters, etc., called AH members of each Council, and the CF new members of the Daejeon District Council (the chairperson of the Daejeon District Council at the time of the instant case and the chairperson of the Daejeon District Council at the time of the Daejeon District Council), and I of the Daejeon District Council said to the effect that M members will be supported as before (Evidence evidence Nos. 2171 to 2172).

3) Accordingly, discussions were conducted by the Daejeon Southern Regional Headquarters, the working-level officers of each Council, etc., and the executives and employees of the relevant sub-Council shall support M Council members, and the executives and employees of the sub-Council members shall support AH members, and the executives and employees of the sub-Council members of the sub-Council shall be divided into M Council members and AH Council members, and the executives and employees of the mid-Council members of the sub-Council shall support AH members (each legal statement of N, AT, and AU).

D. Whether the Defendants, as joint principal offenders, are liable to commit a crime regarding the contribution of political funds listed in the attached list 5 of crime sight table

1) Relevant legal principles

In the case of co-principals, in light of all the circumstances, including the means and attitudes of the crime, the number of participants and their inclinations, the time and place of the crime, the possibility of contact with others in the course of the crime, the possibility of contact with others and anticipated to result in incidental crimes during the commission of the crime, even though the conspiracys could have been sufficiently anticipated or anticipated to result in the crime, and the conspiracys did not take any reasonable measures sufficient to prevent the occurrence of the crime. In the end, if the crime was anticipated to result in the crime, even though there was no contact with each other as to one of the derivative crimes, it should be deemed that there was a functional control over the whole crime among the initial conspiracys as well as functional control over the crime (see Supreme Court Decision 2010Do1030, Jan. 27, 2011).

2) Determination

In light of the above legal principles, as long as there is no evidence to deem that the Defendants or AR requested a support for AH member to the Daejeon Southern District Headquarters, unlike the request, there was a discussion by the executives and employees of the Daejeon Southern District Headquarters, and there is no other evidence to deem that the Defendants or AR could have anticipated or sufficiently anticipated that the Defendants would jointly support the members other than AH council members, even if A has reported the fact of support to AK (the witness AT’s legal statement), it is difficult to see that the Defendants conspired to contribute political funds to M council members or have functional control over their respective acts, and there is no other evidence to prove this part of the facts charged.

E. Determination

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

2. Of the facts charged against the Defendants, the violation of each of the Political Funds Act stated in the annexed list 4, 12, 14, and 17 of the list of crimes committed against the Defendants

A. Summary of the facts charged

Defendants conspired to contribute political funds, such as attached Table 4, 12, 14, and 17, contributed political funds from funds related to organizations. At the same time, the Defendants opposed to the amendment of the I Act submitted by the Government during the amendment of the I Act, and contributed political funds in relation to the proposal of the I Act or solicitation to be passed by the Qua Committee.

B. Determination

1) Article 32 subparag. 3 of the Political Funds Act provides that the requirement for establishment of a crime of violating Article 32 subparag. 3, 200; ① Article 32 subparag. 3 of the Political Funds Act provides that a public official may not contribute or receive political funds in connection with the affairs of solicitation or mediation concerning which he/she is in charge. If a political fund is donated on the premise of solicitation in its language, it is interpreted that the crime of violating Article 32 subparag. 3 of the Political Funds Act is established (e.g., the existence of solicitation is essential.In the case of a crime of breach of trust or taking property, it is stipulated that a person in charge of another person’s affairs acquires property or pecuniary benefits in return for an unlawful solicitation. ② The strict regulation on political funds arises from the reflection of the actual state of Korea’s political funds that are linked with corruption and corruption; ③ It does not necessarily mean that a public official in charge of political funds may be punished for a crime of violating Article 32 subparag. 3 of the Political Funds Act, even if there is no possibility that a public official in charge of receiving political funds contributions is a need for cooperation.

Therefore, Defendants and defense counsel’s assertion on different premise is without merit.

2) The meaning of "in connection with solicitation" under Article 32 (3) of the Political Funds Act

However, even if the actual solicitation is not considered to exist, the current Political Fund Act adopts the system for raising political funds based on a small number of individual donors, and as seen earlier, the contribution of political funds to a specific political person includes the intent or possibility of supporting his political activities at the same time as a support for his political activities, and if the meaning of the "in relation to solicitation" is recognized to be too wide and broad, it is difficult to deem that the donator has made a contribution of political funds in relation to the matters belonging to the duties of the public official by maintaining a good relationship with the recipient of political funds through his/her contribution, instead of assuming a specific solicitation to a certain extent, it cannot be deemed that the donator made a contribution of political funds in relation to the solicitation solely on the basis that the donator has made a contribution of political funds with such expectation.

3) The following circumstances are acknowledged by the evidence duly adopted and examined by this court as to whether the Defendants or I’s employees contributed political funds in relation to solicitation: ① the Defendants or I’s employees did not seem to have met the AF, FC, FD, FE, FG Council members (hereinafter “the instant Council members”) or their assistants to make a solicitation regarding the amendment of the law before or after July 2010; ② the Seoul Seoul Local Government Head Office promoted an interview with the National Assembly members through their relatives, based on the annual plan of management of the National Assembly members, and the lack of evidence to acknowledge that the Defendants or I’s employees were not in charge of the above amendment of the law until the amendment of the law became final and conclusive. ④ The 6th National Assembly members were not in charge of the above amendment of the law, and there was no need to separately hold an interview with the National Assembly members of the Republic of Korea on the premise that there was no evidence to acknowledge that the above amendment of the law was made by the National Assembly members of 140 days before the amendment of the law.

4) Whether a political fund related to an organization has been contributed

For the reasons stated in Paragraph 4, the evidence submitted by the prosecutor alone is insufficient to regard this part of the facts charged as the fund related to the organization, and there is no other evidence to acknowledge this.

C. Determination

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

3. Of the facts charged against the Defendants, each violation of the Political Funds Act listed in the separate sheet Nos. 3 through 109, 122 through 125, the annexed list Nos. 10, 79 through 87, the annexed list Nos. 13, 30 through 38, and the annexed list Nos. 20 through 24, among the facts charged against the Defendants

A. Summary of the facts charged

The Defendants conspired to make a contribution of political funds as shown in the attached Table 3 93 through 109, 122 through 125, the attached Table 10 / 79 through 87, the attached Table 13 / 30 through 38, and the attached Table 20 / 24, and oppose the amendment of the law submitted by the Government in the course of the amendment of the law, while making a contribution of political funds to an organization, at the same time making a contribution of political funds, and at the same time, oppose the amendment of the law submitted by the Government.

Political funds were contributed in relation to the proposal of the amendment of the I Act prepared by the Council itself or the solicitation to be passed by the Qua Committee.

B. Defendants’ legal actions

Defendant B and C have requested AK to contribute political funds to each local headquarters, but the contribution of political funds as stated in the facts charged is not a political fund contribution made at the request of the Defendants.

다. 별지 범죄일람표 3 순번 93 내지 109, 122 내지 125 기재 각 정치자금 기부 부분AK은 2010. 6. 29. 각 지역본부 및 중앙회 직원들에 대하여 메일을 보내 1차 후원을 요청하였는데, AG 의원은 1차 후원 대상으로서, 2010. 7. 7.부터 2010. 7. 9.까지 후원이 이루어지도록 요청된 사실(증거기록 474면), AG 의원에 대하여, ㉠ 2010.12. 3. 별지 범죄일람표 3 순번 122 기제 정치자금 기부가, ㉡ 2010. 12. 23. 별지 범죄일람표 3 순번 123 기재 정치자금 기부가, ㉢ 2010. 12. 28. 별지 범죄일람표 3 순번 124 내지 125 기재 정치자금 기부가, ㉣ 2010. 12. 29. 별지 범죄일람표 3 순번 93 내지 106 기재 각 정치자금 기부가, ㉤ 2010. 12. 30. 별지 범죄일람표 3 순번 107 내지 109 기재 각 정치자금 기부가 이루어진 사실이 인정된다.

In addition, the above facts are as follows: ① each political fund contribution listed in Appendix 93 through 109, 122 through 125 is made at the end of 2010 after the expiration of five months from the National Federation sponsoring the National Federation; ② the FJ (the Head of the International Federation North Korea Headquarters) at the prosecutor’s office, pursuant to the National Federation's sponsor, requested the AG Council members to support the AG Council members (TG Daegu-gu, Seoul-gu, and South-gu, 1837), and there was no possibility that the AG members would directly contribute political funds to the AG 20 and the AG 10, and there was no possibility that the AG members would have been 30,000 members of the 37G Council from July 6, 2010 to July 7, 2010.

D. On August 16, 2010, AK requested for the second support of each political fund contribution listed in the attached Table 10 Nos. 79 through 87 to each regional headquarters and each central federation’s employees on August 16, 2010. AB member is the second support, requested for the second support by August 20, 2010 (3-2313 to 314 pages for each evidence record) and for AB member, ① political fund contribution listed in the attached Table 10 Nos. 79 on December 2, 2010, between 10 to 80 through 86 of the attached list of crimes, and the political fund contribution listed in the attached Table Nos. 10 to 86 on December 8, 2010, and the political fund contribution stated in the attached Table No. 870 on December 13, 2010 is recognized.

In addition to the above facts, this Court stated that the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① each political person’s contribution listed in Nos. 10 79 through 87 of the annexed Table 10 to the list of crimes, was made at the end of 2010, and ② AA (the chief of the prior branch of the Federation) is known to have been voluntarily supported by the prosecutor’s office, and, ② in the case of the prior branch of the Association, for each member of the regional National Assembly, from 1708 of the annexed Table 10 to 87 of the annexed Table 10 to 10 of the annexed Table 10 to 77 of the annexed Table 10 of the annexed Table 10 to 10 of the annexed Table 10 of the annexed Table 10 to the list of crimes, and the employee of the National Federation may not be able to obtain any political contribution from the National Assembly member of the National Federation (the staff of the National Federation) at the time of 10 to 470 of the annexed Table 10.

E. On August 16, 2010, AK requested for the second support of each political fund contribution listed in the attached Table 13 Nos. 30 through 38 to the members of the I Regional Headquarters and the National Federation. AJ is recognized that the second support is the subject of support, the fact that AJ requested for support by August 20, 2010 (3-2313 to 314 pages for each evidence record) and the AJ Council member, ① the contribution of political funds listed in the attached Table 13 Nos. 130 in the attached Table Nos. 12, 21, and 30 in the attached Table Nos. 130 in the list of crimes, and the contribution of political funds listed in the attached Table Nos. 131 through 38 on December 31, 2010.

In addition to the above facts, the following facts acknowledged by the evidence duly adopted and investigated by this court, namely, ① each political party contribution listed in Nos. 13 and 30 through 38 of the annexed Table 13, was made at the end of 2010, which was about four months after the period of request for support by the Federation; ② the employees of the BOI Federation shall request AJ member to provide support to the AJ member on August 12, 2010; and ② the name of each political fund donor listed in the annexed Table 13 Nos. 30 through 38 of the annexed Table 13, the name of the Chungcheong (Evidence No. 815 of the evidence record), the possibility that each political fund contribution listed in the annexed Table No. 130 of the annexed Table 130 through No. 38 of the annexed Table 100,000, and the possibility that each political fund contribution was made within the 300,000,000 won, regardless of the possibility that each political fund contribution was made within the AJ.

F. The portion of the contribution of political funds listed in No. 20-24 of the attached Table 20-24 sent a mail to the employees of each regional headquarters and the National Federation, and the second support was requested. The Y Council member is the second support object, and the fact that the support was requested until August 20, 2010 (3-2313-314 pages for evidence records) and the FM (the chief director of the Council) made a contribution of political funds to Y Council members as shown in No. 20-24 of the attached Table 20-24 of the list of crimes on December 16, 2010.

In addition to the above facts of recognition, the possibility that FM made a contribution of political funds as shown in No. 20 No. 24 of the annexed Table 20, regardless of the request for support from the Federation, was made at the end of 2010 after about four months from the period of request for support from the Federation, and FM would have been interested in the amendment of the law as the president of the CF as the chairperson of the CF. (Evidence No. 853), and the IF would have been interested in the amendment of the law, cannot be ruled out.

G. Conclusion

Therefore, the evidence submitted by the prosecutor alone is insufficient to deem this part of the facts charged as having been proven without any reasonable doubt, and there is no other evidence to acknowledge it. This part of the facts charged constitutes a case where there is no evidence of crime, but as long as the court found the Defendants guilty of violating each of the Political Funds Act, which is a single comprehensive crime, the court shall not render a separate verdict of

4. Of the facts charged against the Defendants, each violation of the Political Funds Act described in Table 1, 2, 3 (No. 1 through 92, 110 through 121 in order), 6 through 9, 10 (No. 1 through 78 in order), 11, 13 (No. 1 through 29 in order), 18, 19, 20 (No. 1 through 23, 25 through 5 in order), among the facts charged against the Defendants

A. Summary of the facts charged

The Defendants conspired to make a contribution of political funds as stated in the list 1, 2, 3 (No. 1 through 92, 110 to 121 parts), 6 through 9, 10 (No. 1 through 78 parts), 11, 13 (No. 1 through 29 parts), 18, 19, 20 (No. 1 through 23, 25 through 55 parts) of the crime sight list, and contributed political funds to an organization.

B. Criteria for determining “funds related to a corporation or organization” under Article 32(2) of the Political Funds Act

Article 12(1) of the former Political Fund Act (wholly amended by Act No. 7682, Aug. 4, 2005; hereinafter referred to as the "Fund Fund Act") provides that "no foreigner, domestic or foreign corporation or organization shall contribute any political fund," and Article 12(2) of the former Political Fund Act provides that "no person shall contribute any political fund from any domestic or foreign corporation or organization with funds related to any domestic or foreign corporation or organization." The purport of the former Political Fund Act prohibiting any contribution of political funds of any corporation or organization is to block any act detrimental to the interest of such corporation or organization and to prevent any distortion of the intent of any corporation or organization members of such corporation or organization. The term "funds related to any corporation or organization" in Article 12(2) of the former Political Fund Act refers to funds that can be contributed according to a decision-making of any corporation or organization. It also includes not only a corporation that is the basis for the existence of a corporation or organization, a corporation or organization's inherent assets, but also a fund raised by such corporation or organization in its name.

Furthermore, in a specific case, whether a fund is related to a corporation or an organization ought to be determined by comprehensively taking account of the overall process of raising funds, raising funds, raising funds, raising funds, raising funds, raising funds, details of contributions, and interest of donors, etc. (see Supreme Court Decision 2008Do10658, Jun. 14, 2012).

C. Determination

According to the evidence duly adopted and examined by the court, the following facts are as follows: (i) preparing the document of the title "T", which is the personnel management plan related to the promotion of the amendment of the law on March 26, 2010 by the I staff of the law enforcement group; (ii) having the I staff of the Q commission to contribute a small amount of political funds to the National Assembly members; (iii) having requested the respective regional headquarters and the National Federation employees of the Q commission to provide the first and second support for the National Assembly members belonging to the Q commission; and (iv) having AK designated the support amount at the request of the first and second support; and (v) establishing the support period so that the I would contribute a political fund within a short period; and (v) requesting AK to state "T" to the receipt of political funds in order to inform the I employees and staff of the contribution of the political funds (Evidence No. 474, book No. 314-2314, 2014).

However, the case holding that although there are only 4 financial resources belonging to A-I-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O

D. Conclusion

Therefore, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of crime, but it is found that the Defendants guilty of the violation of the Political Funds Act as stated in the holding that there is an ordinary concurrent relationship with the Defendants, the judgment of not guilty

It is so decided as per Disposition for the above reasons.

Judges

Judges of the presiding judge and assistant judges

Judges Hongnn

Judges Cho Jeon-soo

Note tin

1) The purpose of J and K is to consistently include I in the Enforcement Decree of the Installment Transactions Act I as an advance depository institution of a mutual aid company.

shall not be deemed to be a member of the L Council, and shall not be a member of the L Council, and shall not be deemed to be a member of the L Council.

The J stated that it has no room, and in particular, the LJ stated that it is necessary to assist the LL member in the amendment of the law in advance.

H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H’s request for law amendment in favor of L council members.

Inasmuch as there is no evidence to acknowledge the room, '22 J and K as stated in the indictment shall be favorable to L Council members on July 9, 2010.

Any part requesting amendment of the Act shall be deleted ex officio.

2) As seen below, I’s support for the M Council members of the I’s officers and employees is irrelevant to the Defendants’ request for support.

(1) 1 0.8, 12. Defendant A is favorable to M Council members 1.

The amendment of the law was requested. ③ On November 201, 2010, the head of the N Daejeon District Headquarters revised the law in favor of M members I.

The phrase "as requested," is deleted ex officio.

3) Contribution to a specific member of the National Assembly in relation to the solicitation of public officials’ affairs

to the extent that such an officer or employee has not been aware of such fact donated a small amount of support; or

In addition, the defendants shall be held liable as an indirect offender, and the defendants shall not exercise their right of defense substantially.

As there is no risk of benefiting from the indictment, it shall be recognized ex officio without changing the indictment.

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