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(영문) 서울중앙지방법원 2016.01.29 2015고합569
정치자금법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant served the 15th and 16th National Assembly members based on D local constituency, and served E.

After that, the Defendant was run in the F G constituency under the jurisdiction of I for the H election to be run in the F G constituency.

One Part J, after being elected as a member of the 19th National Assembly on L in 2012, is a member of K corporation and a company operating several affiliate companies, and after being elected as a member of the 19th National Assembly on L in 2012, the representative of the party in the original part of the political party has become a member of the political party.

The J was indicted for violation of the Public Official Election Act at that time and was sentenced to 8 months of imprisonment and 2 years of suspended execution in the Seosan Branch of the Daejeon District Court on December 28, 2012, and was tried for the trial of the first instance.

2. The Defendant received political funds in cash from J in a candidate room in his office located on the second floor of his office located in N in MM 5 p.m., with cash of KRW 30 million.

As a result, the Defendant received a contribution of 30 million won for political funds in a way that is not prescribed in political funds law.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness P, Q, R, S, T, U, V, X, Y, Z, AA, AB, and AC;

1. Part of each protocol concerning the interrogation of the accused by the prosecution;

1. Written statements made by the prosecution against AD, X, T, S, AE, Q, Z, AF, AG, Y, and H;

1. A certified copy of each protocol made by the prosecution against AI, R, AJ, S, AK, and U;

1. Each statement prepared by W, S, T, R, U, V, AB, P, AA, and L;

1. A copy of the note prepared by the J, a transcript of the conversation content with J, and a CD (Evidence No. 7, 22, 147-1 of the evidence list);

1. Each protocol of seizure and the list of seizure;

1. Each investigation report and attached data (Evidence Nos. 1-6, 10-11, 16-21, 23-24, 28-29, 33-36, 42-43, 47-50, 53-59, 67, 72-73, 80, 92-9, 128-132, 135, 138, 148-149, 163-172, 174-176, 178-188 of the evidence list) shall apply.

1. Relevant Article 45 of the Act and the main sentence of Article 45 (1) of the Act on the Voluntary Political Funds of which punishment is provided for in the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

1. Collection;

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