In a case where the defendant, who is a member of the National Assembly, received political funds from a person who is not a member of the supporters' association without a receipt, the case holding that in light of the fact that the defendant had been willing to manage the money and other valuables of the supporters' association from the time when he received funds, and immediately delivered the money and other valuables to the supporters' association

In a case where the defendant, who is a member of the National Assembly, received political funds from a person who is not a member of the supporters' association without a receipt, the case holding that in light of the fact that the defendant had been willing to dispose of the money and other valuables of the supporters' association from the time when he received funds, and immediately delivered the money and other valuables to the supporters' association

Articles 7(1) (see current Article 17(1) and 30(1) (see current Article 45(1) of the Political Funds Act) of the former Political Funds Act (Amended by Act No. 7191, Mar. 12, 2004)

Defendant

Prosecutor

Lee Won-man et al.

Attorney Lee Dong-ju

Seoul Central District Court Decision 2004Gohap1388 Decided June 16, 2005

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

Although the defendant receives political funds without issuing a political fund receipt, the court below erred in finding that there is no evidence to prove that the defendant received political funds and caused an accountant in charge not to issue a receipt accordingly, by misunderstanding facts contrary to the rules of evidence or in violation of the rule of experience and misunderstanding legal principles.

2. Determination on the grounds for appeal

A. Summary of the facts charged in this case

On December 2, 2002, when the 16th member of the National Assembly of Korea, the Defendant received KRW 10 million from Nonindicted 1 of the Vice-Chairperson of the ○○ Group on the pretext of using the political activities, such as the presidential election campaign, from the 10th member of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon Metropolitan City, 812 guest rooms with the 10th member of the National Assembly of Korea.

B. Summary of the judgment of the court below

First of all, the court below organized the purport of the public prosecution that the prosecutor's indictment of this case provides that when a supporters' association receives money and valuables from a member or a person other than a member, it shall issue receipts using a political fund receipt form prepared by the National Election Commission (Article 7 (1)), except in a case where a supporters' association receives money through anonymous contributions, a financial institution's deposit account, or an automatic telephone response device (Article 7 (1)), and that a person who gives or receives political funds by means other than those prescribed by the Act shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won (Article 30 (1)). The defendant received political funds without receiving receipts from Nonindicted 1, and thus, the defendant constitutes Article 30 (1) of the Act.

In addition, the lower court, based on its evidence, accepted the 15th and 16th National Assembly members, and present 17th National Assembly members belonging to Hanna. From February 200 to February 3, 200, Nonindicted 3 work as the head of the office general affairs of the Defendant’s district party, and as the Defendant’s member’s member’s supporters’ association from September 200. Nonindicted 1 was the vice president of ○○○ Group who operated his hotel in Yeonsu-gu, and Nonindicted 1 offered 3 million won as the Defendant’s supporters’ association on November 2002. The Defendant received 10 million won for political funds from 30,000 won by mail at his office, and received 10,000 won for the above 30,000 won for the Defendant’s political fund receipts and 20,000 won for the last 20,000 won for the Defendant’s own account book and 20,000 won for the above 10,00000 won for the last 2.

Based on the above facts, the lower court: (i) the upper limit of the political funds that the supporters’ association may annually recruit pursuant to the law was KRW 60 million for the year 2002 when the presidential election took place; (ii) the above cashier’s check was endorsed by Nonindicted Party 1; and (iii) on November 2002, when the Defendant received KRW 3 million for political funds from Nonindicted Party 1, he did not express the receipt to Nonindicted Party 1; (iv) in light of the fact that other four members of the National Assembly, who received the cashier’s check from Nonindicted Party 1 or Nonindicted Party 2, issued the cashier’s check to Nonindicted Party 1 or 2, issued it to Nonindicted Party 1 or Nonindicted Party 2, it is difficult to readily conclude that the Defendant received the receipt from the prosecutor’s office and stated that the Defendant did not have any reason to hold the receipt after the Defendant’s ex post facto use of the political funds.

C. The judgment of this Court

According to the provisions of the law, the defendant's receipt is received from a person who is not a member of a member's supporters' association, and then the supporters' association receives money and valuables from a member of the member's association. In addition, even if the defendant received money and valuables from a person who is not a member, the defendant's act of receiving money and valuables can not be deemed as a political fund act that is not stipulated in the law. In addition, even if the defendant received money and valuables from the person who is not a member, he received money and valuables from the person who received them at the time, and the method of handling them does not go against the will of the person who provided the money and valuables, and it is believed that the person in charge of accounting of the supporters' association would legally issue receipts by disposing of the money and valuables received as the money and valuables of the supporters' association as the fund-raising of the supporters' association. In addition, even if the person who received the money and valuables by mistake in the affairs of the supporters' association and did not timely issue receipts, it cannot be deemed that the defendant received the money and valuables by means of law.

The court below is justified in finding the facts based on evidence. The defendant received the check of this case around December 12, 2002 and delivered it to non-indicted 3, a person in charge of accounting of the supporters' association at the time of the receipt of the report of this case, and used the money and valuables for the district party's expenses in cash exchange on February 21, 2003, and the non-indicted 3 kept the check of this case as it was without any duty on December 19, 2002 and delivered it to the election commission of 20 million won before the expiration of 200 million won in cash transfer from the office of the district in lieu of the check of this case (the statement of this case, the statement of non-indicted 3 and the statement statement of self-reliance deposit attached thereto) and the following facts, which are recognized by the statement at the appellate court of the defendant and non-indicted 3, 300,000 won in cash transfer of 30,000 won in the following account of the National Assembly member's association.

Therefore, the defendant should be deemed to have expressed his/her intent to process the receipts of this case as the money and valuables of the supporters' association from the time when he/she received the receipts from Nonindicted 1. In such a case, the defendant believed that Nonindicted 3, a person in charge of accounting of the supporters' association, believed that he/she would comply with the lawful method of receiving political funds by issuing receipts to the person who provided money and valuables in accordance with the method of managing the money and valuables of the supporters' association in accordance with the legal provisions and the previous precedents, and it cannot be said that there was any error in the reliance on the trust thereof. Thus, the defendant cannot be held

Since the judgment of the court below is deemed to be based on the same purport, it is just and there is no violation of law as alleged in the grounds for appeal.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges (Presiding Judge) No. 100