Defendant

Yang-Nam et al.

Attorney Senior Gyeong-soo

A defendant shall be punished by imprisonment for one year.

68 days under detention prior to the rendering of this judgment shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

360,000,000 won shall be additionally collected from the defendant.

The Defendant, a member of the 15th and 16th National Assembly (name omitted), who had been working as the chairman of the supporters’ association of Nonindicted 3 (name omitted) Central Party 3 (hereinafter “Nonindicted 3 (name omitted), from May 2002 to November 2002, was admitted to Nonindicted 1 (name omitted) on November 26, 2002.

1. Around September 2002, the Defendant promised to provide support of KRW 200 million from Nonindicted 7 by requesting Nonindicted 6, a representative director of Nonindicted 6, a company, who was making efforts to recover under the workshop, to Nonindicted 7, requesting the support of the substitute fund by posting a telephone.

Accordingly, at around 19:00 around September 200, the Defendant received from Nonindicted 6 Co. 6 Co. 11, who received Nonindicted 7’s instructions through Nonindicted 11, the assistant officer of the Defendant, at around 19:00, from Nonindicted 8, the head of the Civil Works Headquarters for Nonindicted Co. 6 Co. 11, who was in receipt of Nonindicted 7’s instructions from the Defendant, at around 11,00, one bank for travel with KRW 100 million in cash from Nonindicted 8, who was instructed by Nonindicted 7 through Nonindicted 11 at the same place, at around 19:00. Accordingly, the Defendant received KRW 20 million in total in a way that is not provided for in the Political Fund Act.

2. On October 2002, the Defendant told the Defendant to the effect that “ Nonindicted 10, Nonindicted 12, the President of the Republic of Korea, who was the President of the Party 3 (name omitted), should replace the candidate, since the support rate of Nonindicted 12, the presidential candidate of the Party 3 (name omitted), is lower, and the presidential fund is not entered properly.”

On October 2002, the Defendant received a white envelope with 40,000 won check from 10,000 won from 10,000 won, upon receipt of the Defendant’s request that “I would like to actively support the candidates as the head of the supporters’ association.” This Defendant received political funds of KRW 40,000,00 from 10,000 by means not stipulated in the Political Fund Act. The Defendant received political funds of KRW 40,000,00 from 10,000 by means not stipulated in the Political Fund Act.

3. On December 19, 2002, the Defendant received KRW 50 million from Nonindicted 1 (name omitted) Party 1 (name omitted) Party 1’s Secretary-General at the office of Secretary-General of the Party 1 (name omitted) located in Yeongdeungpo-gu Seoul Metropolitan City (name omitted), the sum of KRW 120 million from the (name omitted) Party 1’s (name omitted) Party 1’s (name omitted) Party 1’s Secretary-General, Nonindicted 2, who received money from Nonindicted 1 (name omitted), in a manner not provided for in the Political Fund Act, and received from that time, the Defendant received KRW 50 million from that time to December 19, 2002, at least three times prior to the presidential election on December 19, 2002.

1. Partial statement of the defendant;

1. Each legal statement of the witness Nonindicted 8, 10, 9, 2, 4, and 17

1. Each prosecutor's protocol of examination of the suspect against the defendant, the non-indicted 10, 7, and 2 (including the part of the non-indicted 7's statement)

1. Each prosecutor’s statement on Nonindicted 10, 19, 8, 9, 20, 20, 7, 18, 21, 22, 23, 24, 4, and 17 (including Nonindicted 2’s statement)

1. Part of the prosecutor’s statement of Nonindicted 11 on each prosecutor’s office

1. Article applicable to criminal facts;

Article 30(1) of the former Political Funds Act (amended by Act No. 7191 of March 12, 2004; hereinafter the same shall apply) (Determination of imprisonment with prison labor), Article 4 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (Selection of Imprisonment with prison labor)

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Punishment for Violation of Political Funds Act and Articles 38 (1) 2 and 50 (Aggravation of Punishment)

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) and (2) of the Criminal Act

1. Additional collection:

Article 30(3) of the former Political Funds Act, Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment

1. Summary of the assertion

A. As to the crime under paragraph (1)

Non-Indicted 3 (Name omitted) only received 200 million won in total from Non-Indicted 7 on two occasions on or around January 2001 to February 2001, and received money from Non-Indicted 3 (name omitted) on or around September 2002.

B. As to the crime paragraph (2)

Money received from Nonindicted 10 is not a political fund.

C. As to criminal facts under paragraph (3)

(1) At the time, Nonindicted 1 (name omitted) received KRW 50 million only once from Nonindicted 2, the Secretary-General of the Party at the time, and there is no additional delivery of money through Nonindicted 4, etc.

(2) The facts charged that the Defendant provided KRW 100 million on three occasions from Nonindicted Party 1 (name omitted) do not specify the date and amount.

(3) Nonindicted 1 (name omitted) was unaware of the fact that the money received from Nonindicted 2 was illegally collected from the company, and there was no evidence that the money was illegally received from the company.

2. Determination

A. Facts constituting the crime Paragraph 1

Comprehensively taking account of each of the above evidence, the following facts can be acknowledged.

Nonindicted 7, 8, and 9 consistently stated from the investigative agency that Nonindicted 3 (name omitted) had delivered KRW 200 million to the Defendant with the presidential candidate for 202, which was the first time after Nonindicted 3 (the election of Nonindicted 12). Nonindicted 2, an assistant to the Defendant, stated very specific and detailed about the name, place, method, and circumstances at the time of delivery of money, and does not seem to be reasonable, and Nonindicted 7, 8, and 9 made a false statement unfavorable to the Defendant. In addition, Nonindicted 8 and Nonindicted 9 consistently stated that “the construction of the building was under way at the time of delivery of money, and it appears that Nonindicted 3 (name omitted), and that Nonindicted 2, an assistant to the Defendant, made a statement to the effect that “the construction of the building was closed and its underground floor was not covered by the underground floor at the time of delivery of money,” and that Nonindicted 11, an assistant to the Defendant, made a statement to the effect that “the construction of the building was closed on the ground floor at the time of the prosecution.”

B. Facts constituting the crime Paragraph 2

According to each of the above evidence, Nonindicted 10 stated to the effect that “The Defendant, among October 202, 2002, sent money to Nonindicted 3 (name omitted) to the effect that “The Defendant should replace the presidential candidate for Nonindicted 3 (name omitted)” and “I would like to see the political party and actively support the candidate as a supporters’ association,” and that “I would like to use a letter in the election fund.” The Defendant also stated in the prosecutor’s office that “I think, and received the money, that I would have the meaning of making efforts to see the presidential election.”

Article 3 subparag. 2 of the former Political Fund Act provides that "political funds" means party membership fees, support payments, deposits, subsidies, donations by supporters' associations, incidental revenue prescribed by the party constitution and party rules, and money, securities and other things provided for political activities." According to the above facts, the defendant is determined to have received funds provided for political activities from Nonindicted 10.

C. Facts constituting the crime paragraph (3)

(1) According to the above evidence, the defendant was admitted to Nonindicted Party 1 (name omitted), and received KRW 50 million from Nonindicted Party 2, who was the Director General of the Party 1 (name omitted), and Nonindicted Party 4, who was the Director General of the Finance Bureau of Nonindicted Party 1 (name omitted), paid approximately KRW 40 million to the newly admitted members, KRW 30 million, and KRW 30 million for about three times, and additionally paid KRW 100 million per capita. The defendant directly received KRW 30 million to the office of the Director General of the Finance Bureau and received KRW 40 million through KRW 40 million for each person. In addition, Nonindicted Party 4, who was the Director General of the Finance Bureau, made a statement to the effect that “The fact that Nonindicted Party 4 gave instructions to Nonindicted Party 13 and delivered KRW 30 million to Nonindicted Party 4,000,000 to Nonindicted Party 4, which is disadvantageous to him,” and that the statement to the effect that “The fact was not delivered to Nonindicted Party 4.”

Thus, the defendant can be acknowledged that he receives KRW 50 million from Nonindicted 2, and from Nonindicted 4 and Nonindicted 13, the sum of KRW 30 million, and KRW 40 million from Nonindicted 2, which he received orders from Nonindicted 2, and KRW 120 million in total.

(2) According to each of the above evidence, the defendant received KRW 30 million through KRW 50 million in total from Non-Indicted 1 (name omitted) on three occasions from the beginning of December 2002 to the presidential election day of December 19, 2002, from the Director General of the Office of Secretary General, for encouragement of admission, organizational management expenses, election campaign activity expenses, etc., and KRW 120 million. In light of the above facts, the defendant received money from Non-Indicted 1 (name omitted) on three occasions from the beginning of December 2002 to the beginning of the presidential election day of December 19, 200, each of the above acts is considered a comprehensive crime.

However, even though it is not specifically specified for individual acts constituting the day-to-day crime, if the time and period of the whole crime, method of the crime, frequency of the crime, the sum of the amount of the crime, and the opposing party of the act, it is specified in the crime. In full view of the fact that the time and period of the crime, the frequency of the crime, and the total amount of the received money are specified, and the method of the crime is specified that the defendant received the substitute fund illegally received by the Secretary General of Non-Indicted 1 (name omitted) from Non-Indicted 2 of the Party 1 (name omitted), this part of the charges is recognized as specified

(3) 또 위 각 증거들에 의하면, 공소외 4, 2는 “입당 의원들에게 지급된 돈은 공식적인 계좌에 입금하지 않고 가지고 있다가 집행한 현금으로써, 불법 대선자금이 틀림없다.”는 취지로 진술하고 있는 사실, 피고인은 공소외 1 (당 이름 생략)당으로부터 선거운동 활동비 등으로 공소외 1 (당 이름 생략)당이 정치자금에관한법률에 위반하여 모금한 대선자금 중 1억 2,000만 원을 수령한 사실, 피고인이 돈을 받은 시기는 대통령 선거가 임박한 시점이었던 사실, 중앙당에서 지구당 등에 공식적으로 자금을 지원하는 경우 영수증 등 증빙자료를 만든 후 회계처리를 하고 이를 해당 선거관리위원회에 신고하고 있는 사실, 피고인은 현금을 수령하면서도 아무런 공식적인 회계처리 절차를 밟지 않은 사실, 피고인도 검찰에서 “ 공소외 1 (당 이름 생략)당 중진 여러 분이 ‘우리 당에 오셨으니 대선운동도 열심히 하셔야지요. 돈이 필요하면 말씀하세요. 충분히 드리겠습니다.’고 이야기하였다. 한번은 제 사무국장이 중앙당 사무처 재정관계자로부터 선거활동자금을 줄 테니 가져다 쓰라는 연락이 왔다고 하면서 ‘저희도 돈을 좀 받아다 씁시다.’라고 하였다. 당에서 선거경비와 당무비용으로 회계 처리할 수 있는 용처는 규정에 정해져 있어 이런 비공식활동비는 대개 회계처리가 곤란하다는 생각이 든다. 회계처리 할 수 없는 자금은 당에서 비공식적으로 모금한 헌금일 수밖에 없는 것이 아닌가 생각된다.”는 취지로 진술한 사실을 인정할 수 있다. 위 인정사실에, 피고인이 공소외 3 (당 이름 생략)당 사무총장을 지낸 재선 국회의원으로서 정당의 재정 및 사무를 총괄하는 지위에 있었고 그 자신의 지구당을 운영해 왔으므로 정당의 공식적인 자금 용처나 그 집행 방법에 대하여 알고 있었다고 여겨지는 점 등을 보태어 보면, 피고인이 위 돈을 교부받으면서 비록 공소외 2 등이 누구로부터 받은 것인지는 구체적으로 몰랐다고 하더라도 정치자금에관한법률에 위반하여 모금한 불법 정치자금일 수 있다는 점을 미필적이나마 알면서 수수하였다고 보인다.

D. All Defendant and defense counsel’s arguments are rejected.

In light of the fact that each of the crimes of this case is giving and receiving illegal political funds through the presidential election in 2002. A part of the funds was first requested by the defendant to provide a substitute fund to a company in the workshop, which makes it difficult for the defendant to recover the company and eventually causes damage to the national economy, which results from the receipt of a lot of illegal political funds, and the receipt of a lot of illegal political funds, and the receipt of a large amount of illegal political funds to many citizens who have a view to the sound development of democratic politics through the operation of political funds and the disclosure of its accounting, and some of the funds received are deemed to have been used for private purposes, the defendant cannot be held liable. However, in light of the fact that the defendant is currently aged 67 years old, and that the defendant was forced to withdraw from the regular community after being divided, and that the defendant has been dedicated to the State as the president of the National Assembly Federation, and that there is no criminal punishment, the full amount of the order for the collection of the illegal political funds, etc. shall be determined as the penalty for collection.

1. Summary of the facts charged

From the beginning of December 2002 to the date of the presidential election on December 19, 2002, the Defendant received 30 million won in addition to the amount of KRW 120 million received as stated in criminal facts, as stated in paragraph (3), as well as the amount of KRW 120 million.

2. Determination

A. The evidence that corresponds to the purport of the Defendant’s receipt of KRW 30 million has been made in Nonindicted 4 and 2’s investigative agencies and this Court respectively.

B. Nonindicted 4 stated at the prosecution that “The amount of KRW 50 million is KRW 50 million when meals to the newly admitted members, and the subsequent amount of KRW 50 million is KRW 40 million, KRW 30 million, and KRW 150 million in total, and the Defendant shall not be deemed to have provided the same encouragement, and the Defendant shall also have provided the same encouragement.” At the court, Nonindicted 4 made a statement to the effect that “The first public prosecutor’s office made a statement to the effect that “The amount of KRW 40 million was delivered to the newly admitted members, KRW 30 million, KRW 30 million, KRW 30 million, and KRW 100 million for each person,” and that “The first public prosecutor’s office made a statement to the effect that “The first public prosecutor’s office received KRW 30 million and KRW 400 million,000,0000,0000 for KRW 100 and KRW 300,000,000 for each person.”

Examining the statements made by Nonindicted 4, Nonindicted 4, at any time, did not specifically state who is, at any time, on the part of KRW 30 million, the delivery of which Nonindicted 4 was made, at any time, through whom he had been made, how and how the delivery was made, and the place of the delivery, and Nonindicted 4 did not state any statement as to when and how to confirm the money paid to the members who were recruited by Nonindicted 4 was collected, and there was no statement about when and how to receive the money, and there was no evidence to support the method thereof, etc. In addition, the summary of Nonindicted 2’s statement cannot be accurately known, and if Nonindicted 4 paid money to each member of the military court, it is nothing more than a substitute for Nonindicted 4 and Nonindicted 2 to have paid money to the Defendant. Accordingly, there is no evidence to acknowledge this part of the facts charged, and there is no other evidence to prove this otherwise.

C. This part of the facts charged shall be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of criminal facts, or inasmuch as it is found guilty of violating the Act on the Regulation and Punishment of Criminal Proceeds Concealment in relation to the crime as a single comprehensive crime

Judges Kim Jong-dae (Presiding Judge)