208 Highest 2655 A. The offer of a bribe

b) Acquisition of third-party brains;

1. (a) . ○○○ (4********1******) and the Chairman of the O-Si Council.

Gwangju ○○-dong **

2. A. Kim○○○ (4******* 2********) and members of the O-Si Council.

Gwangju ○○-dong **

3. (b) operation of Note ○○ (5******* 2******* *) and bakeries.

Gwangju ○○-dong **

Prohibition of Interest

Attorney Lee Jong-hee, and Kim Yang-yang (for Defendant 1○○○)

Attorney Kim Jong-hoon (for defendant Kim Jong-young)

Attorney Yang Tae-tae, and right to remain in court (for defendant Kim ○○)

January 21, 2009

Defendant ○○○ shall be punished by imprisonment with prison labor for a year and two months, by imprisonment for a period of ten months, and by imprisonment for a period of six months, and by imprisonment for a period of six months.

The 125-day detention days prior to the pronouncement of this judgment shall be included in the above sentence against Defendant ○○, and the 140-day detention days shall be included in the above sentence against Defendant ○○.

A penalty of KRW 110,00,000 shall be additionally collected from Defendant ○○○○.

Facts of crime

On May 31, 2006, Defendant ○○○ was elected as the chairman of the ○○-gu ○○○-gu ○○○○-gu ○○○○-si ○○○○○-si Do Council on July 3, 2008, which was implemented on May 31, 2006, and was elected as the chairman of the ○○-gu ○○-gu ○○ Council, Defendant ○-gu 5th nationwide election, Defendant ○○-gu ○ was elected as the member of the ○○-gu ○○ Council, and Defendant ○-gu ○ was elected in the 18th election of National Assembly members on April 9, 2008.

1. Defendant Maximum ○○

The defendant was elected as the chairman of the ○○○ City Council in the first half of the fourth half of the year 2006 and tried to become Vice-Speaker, and in relation to the election of the chairman of the ○○ Council in the second half of July 3, 2008, a member of the local constituency has the right to nominate the chairman of the Gu Council, in fact, and a member of the local constituency can be sufficiently elected as the chairman of the Gu Council by exercising de facto influence on the members of the Gu Council, and on the other hand, on May 2008 to June 6, 2008, the defendant was making efforts to leave the election campaign to the chairman of the ○○○○ City Council after the last half of the ○○○ City Council, which was making efforts to become the chairman by giving money to Kim Jong-dong, etc., and there was no economic situation at the time.

Although the ○○○○○○ local council members from the local constituency that he was faced with, the amount of money requested by him was given to the Kim Jong-si and his head of the Gu, he thought that he would be the chairman of the Gu Council of ○○○○○○ by requesting the above Kim Jong-si to nominate himself as the chairman and by exercising de facto influence on the members of the Gu Council to support himself.

In the meantime, the Defendant, who was aware of the fact that he was the husband of the above state ○○○○○, was seeking a house in Seoul by Kim Jong-gu, Kim Jong-gu, who was aware of the fact that the former deposit would be a loan of KRW 50 million due to the shortage of money, and then, if he would give money to the above state ○○○○ in relation to the election of the chairman of the Ma-gu Council, then he would be able to become the Speaker with the help of Kim Jong-gu, the husband of the above state ○○○, who was the husband of the National Assembly.

Accordingly, the Defendant confirmed whether he borrowed money from ○○○ through the above Kim ▽-▽ via a telephone to verify the fact that he borrowed money from ○○○○○. At the time, the Defendant, who had no amount of KRW 50 million to the said Jeju○○○○, was to have the said KRW 10 million loaned money to 10 million, and 10 million was to have 20 million borrowed money from ○○○○ who was aware of the Defendant’s marina account, by withdrawing from the Defendant’s marina account, and then to have see that there was no money to borrow money, but to have ○○○○ who was in common with the said KRW 30 million lent money deposited in the said ○○ Securities Account. The Defendant loaned money to ○○○○○○ Securities Account even after cancelling the said KRW 30 million.5 million.

28. 10: Around 33, the Defendant sent the above KRW 20 million to ○○○, with the said KRW 30 million combined with the money of 30 million to ○○○. As such, the Defendant had the said KRW 50 million remitted the money to the said ○○○.

In addition, when the Defendant was asked to borrow money of KRW 30,000 from the above Kim Man-so, who was asked to borrow money from the above Kim Man-so, on June 19, 2008, the Defendant withdrawn KRW 15,000 in cash from the Defendant’s Masp account at the above Masp account located in the Gu in Gwangju-gu on June 19, 2008, and immediately transferred KRW 15,000,000 to the Defendant’s Maspir account in cash from the above Maspir account, and immediately withdrawn KRW 15,00,000 in cash and prepared KRW 30,000 in total on June 16, 2008, and waited for the said KRW 30,000 in cash to the above ○○○○ apartment located in front of the above ○○○○ apartment on the road in Gwangju-dong, Gwangju-gu, about KRW 00.

After that, on June 24, 2008, the Defendant met the above Kim Jong-▽▽▽, but asked questions about whether 80,000 won should be deemed to have been existed when the Defendant was the Speaker from the above Kim Jong-△△△△△△, and if Defendant ○○○ cooperates with Defendant Kim○-○, he could be the Speaker. The Defendant asked Defendant ○○○○○○ to cooperate with Defendant ○○○○○, which was immediately before this day, asked Defendant ○○○ to inform ○○ of the conversation that was between Defendant and ○○○, which was immediately between Defendant, and “○○○○,” which was a member of the Gu Council, was to have ○○○○ (name of Defendant ○), who was to be the chairman of the Gu Council, and ○○○○, a member of the Gu Council, who was in fact a member of the Gu Council, was to have 00,000 won and ○○, a member of the Gu Council, who was 100,000 won.

Accordingly, the Defendant, in solicitation to the above Jeju ○○ who is a public official, exercised influence on the members of the ○○ Council who are public officials in favor of the members of the National Assembly, and given the above 80 million won under the pretext of demanding support for the Defendant in the election of the chairman of the ○○ Council, which is a public official, and granted a bribe to arrange matters belonging to the duties of the public official

2. Defendant Kim○-○

The defendant will preside over the election of the chairman of the ○○-gu Council in the latter half of July 3, 2008.

2. From around 200, the Defendant was prepared in a local constituency, with the knowledge that the member of the Gu Council actually has the right to nominate the chairman of the Gu Council, and that the member of the local constituency can be sufficiently elected as the chairman of the Gu Council by exercising de facto influence on the members of the Gu Council, and asked the member of the Gu Council to give money to the member of the local constituency of ○○-gu and let him nominate him as the chairman and support him by exercising de facto influence on the members of the Gu Council.

그러던 중 피고인은 2008. 4. 초순경 위 김□□이 2008. 4. 9. 에 치러질 제18대 국회의원 선거와 관련하여 ○○당의 공천을 받아 ○○ ○ 지역구에서 선거운동을 하고 있을 당시 김□□의 국회의원 당선이 거의 확실시 된다는 사실을 알게 되었다. 이에 피고인은 위 김□□이 국회의원에 당선되기 전에 미리 일부라도 돈을 주는 것이 당선된 후에 돈을 주는 것보다는 피고인이 ○구 의회 의장이 되는 것에 더 효과적일 것이라고 생각하고 국회의원 선거일을 며칠 남겨 둔 2008. 4. 3. 20 : 00경 위 주○○와 친분관계가 있던 정○○과 함께 ○○시 ○구 ○○동 1357 - 2 건물 2층에 있는 김□□ ○○◇ 국회의원 후보 사무실로 찾아가 위 주○○를 만나게 되었다 .

On this day, the Defendant did not want to have the chairman at the last half of the week. The Defendant tried to have the chairman even at the first half of the week. The Domino Domino also tried to have the chairman. The Gu Council member while working for the city, and I want to have the chairman at the last half of the week. The Defendant made a solicitation to the effect that “I will be,” at the end of the week, I am Domin Domin Domin Domin Domin Domin Domin Domin Domin Domin Domin Domin, Kim Domin, Kim Domin Domin, Kim Domin, Kim Domin. Domin Domin was made, and the said State ○○ made a solicitation to the effect that I would be, “I would be,” and the Defendant “I would like to make the words “I would be,” before preparing for the shopping

그 후 위 김□□은 국회의원에 당선되었고, 피고인은 2008. 4. 중순경 위 김□□의 국회의원 선거운동 때 선거대책본부장을 했던 노△△에게 후반기 의장선거를 도와달라고 요청하여, 그 무렵 위 노△△으로부터 김□□ 의원에게 말을 해 피고인을 도와주겠다는 취지의 답변을 듣게 되었고, 2008. 5. 10. 경 무렵에는 다시 위 노△△으로부터 " ○구의회 의장을 하려면 김□□ 의원에게 3, 000만 원 정도를 줄 준비를 하시라. 김미 □의원에게 김 ( ○○ ) 의원에 대해 얘기를 다 해 놨다 " 는 말을 또다시 듣게 되었다 .

Around May 16, 2008, 2008, the Defendant sought a statement from the △△△△△△ to the effect that he was unable to move in the Seoul office because he had no money, and thus, he was urgently unable to move in the Seoul office. The Defendant sought KRW 15 million from a cashier’s check, thereby allowing the State ○○○ through the △△△△△△△△△△△△△△△△ to take the above KRW 15 million.

After that, on June 15, 2008, the Defendant: “Around June 15, 2008, the Defendant had talked with the State ○○ and △△△△△△△△; I am all the members of the Council, and the enemy told that “The State △△△△△△△” was merely the State △△△△, which was called “the State △△△△△△△,” and the Defendant had her mind about KRW 5 million, excluding KRW 25 million, which was called to be prepared by the State △△△△△△△△△△, and the remainder of KRW 5 million, excluding KRW 25 million.

On June 16, 2008: around 40:40, the Defendant found the apartment house of the ○○○○○○-dong 72 - 83 above Jeju ○○-dong 72 - 83, and asked the ○○○○-si to help and to receive at the time of the election of the ○○-gu ○○-dong, and KRW 5 million in cash. In doing so, the Defendant stated that the amount of KRW 15 million out of the KRW 400,000,000,000 in total, when the remainder of KRW 5 million is added to the office of the △△△△-dong ○-dong 10,000,000,0000,000 won prior to that, if so, the △△-gu △△-dong ○-dong ○-dong 30,000,000 won is said to have been reported.

Accordingly, the Defendant, in solicitation to the member of the ○○ Council who is a public official, gave a bribe to the above ○○ by granting KRW 30 million to support the Defendant himself in the election of the chairman under the pretext of exercising influence on the member of the ○○ Council who is a public official in solicitation of the member of the National Assembly, and giving a bribe to the member of the ○ Council who

3. Defendant ○○

(a) Acquisition of a third-party brain from the upper defendant Kim ○○;

The Defendant received a total of KRW 30 million, knowing that the above Kim○○ was a bribe given to the above Kim Jong-tae, on the same date, time, and place as the above paragraph (2).

(b) Acquisition of a third-party brain from the upper upper ○○○○;

The Defendant received a total of KRW 80,000,000 from the upper highest ○○○○ in each of the above circumstances at the same time and place as set forth in paragraph (1) above, and the Defendant promised to exempt the Defendant from the obligation of KRW 80,000,000,00,000, as the Defendant’s husband, Kim Jong-gu, the husband of the Defendant, from the election of the chairman of the ○○ Council.

After that, on July 3, 2008, ○○○ and the upper ○○○○ was elected as the chairman as the result of the election.

Summary of Evidence

[Defendant ○○○, KimO]

1. Each legal statement of the defendant ○○○ and Kim○○

1. The defendant ○○’s partial statement

1. A protocol concerning the examination of the suspect against the defendant's Jeju ○○ or Kim ○○;

1. Statement by the prosecution against ○○;

1. Investigative report (Attachment, such as Preliminary Statement, etc.);

1. A detailed statement of transactions of deposits for self-reliance (the largest ○○, the last ▽△△△)

[Defendant Maximum○○]

1. Each legal statement of the witness ○○○, Kim○○, Park △△, and Kim △△△△, respectively;

1. Partial statement of the defendant;

1. A protocol concerning examination of suspect by the prosecution against the Jeju ○○;

1. Each prosecutorial statement concerning Kim ○, Lee ○, Lee ○, Lee △, Kim △, △△△△, Park △△, and the former △△△△, concerning the relevant documents;

1. Investigative report (Attachment, such as Preliminary Statement, etc.);

1. A detailed statement of transactions of deposits for self-reliance (the largest ○○, the last ▽△△△)

Application of Statutes

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

Article 133(1) of the Criminal Act (the point of each offering of bribe), Article 133(2) of the Criminal Act (the point of each offering of bribe), each of the third parties to acquire the third parties to acquire the third parties to obtain the third parties to imprisonment

1. Aggravation for concurrent crimes;

Defendant ○○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the crime of acquisition of a third-party brain due to a bribe received from the upper-party ○○○, with a more serious criminality)

1. Inclusion of days of detention in detention;

Defendant ○○, ○○○: Article 57 of each Criminal Act

1. Additional collection:

Defendant ○○: Article 134 of the Criminal Act

The reason for sentencing is that this case is a screening of corruption cases in which public office has been purchased by money, and the defendant's crime is very heavy in that it is likely to be seriously affected by our society's advanced and competitive democratic state by setting a precedent that is able to achieve the goal through illegal means, not a clean and fair competition, that is, it shakings the foundation of grass ppuri democracy of ○○○○ City, ○○ City, which is a chill of local autonomy, and that it is possible to achieve the goal through a clean and proper local autonomy.

Defendant State ○○: (a) appears to have reached the instant case in order to back the political activities of the her husband, Kim Jong-young, the husband; (b) KRW 80,00,000,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,000,00,000,00,00,000,00,00,00,00,00,00,00,00,00,0,00.

Defendant ○○○○: (a) the first time, the Defendant lent money to the Defendant at first time; and (b) later, requested support in the election of the Speaker and exempted the Defendant from the obligation; (c) the first time, not giving money in a complicated manner through several accounts, is suspected of having lent money in mind with the intention to a solicitation related to the election of the Speaker; (d) the Defendant denies the crime and did not reflect the mistake despite the evident evidence that the Defendant was unable to give up the power to the Speaker of the ○ Council; and (e) the Defendant was sentenced to a fine of KRW 80,000 due to the violation of the Election of Public Officials and the Prevention of Unlawful Election Act in 204.

Defendant 00,000 won, which was sentenced to a fine of KRW 90,00,00 due to a violation of the Election of Public Officials and the Prevention of Unlawful Election Act in 2003, is a disadvantageous reason for sentencing.

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

Judges Sentencing