A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

205Gohap139(Consolidated) (name of a crime partially recognized against the defendant's decoration)

205, 145 (combined) Acceptance of bribe

B. Acceptance of bribe

C. Bribery;

(d) Violation of the Political Funds Act;

1.(b)(d) 0 decorations;

2.C. KimO-type

3.C. Maximum 0 persons

4. D. Kim Jae-in

5.C. 00

Tymlight, Kim Flag, Completion

Attorney Cho Il-jin, Park Jin, Choi Jin-chul, Ko Jae-sik, and leap (defendant 0)

For purposes of

Attorney Song-chul (for the defendant KimO-sik)

Attorney Noh Jeong-hoon (for defendant Kim Jae-in)

May 10, 2006

1. Defendant 1’s imprisonment with prison labor of four years, Defendant Kim-sik, and Defendant 1’s maximum amount of fine of 10,000,000 won, Defendant Kim Jae-sik, and Defendant 1,000 won, respectively, shall be punished by a fine of 5,00,000 won, and Defendant 1,000 won.

2. Where Defendant KimO-type, Defendant 0, Defendant Kim0, and Defendant 1 did not pay the above fine, each of the above Defendants shall be confined in a workhouse for a period calculated by converting KRW 50,000 into one day.

3. With respect to the defendant 0 days under confinement prior to the rendering of a judgment, 168 days under confinement shall be included in the above sentence.

4. The collection of KRW 92,00,000 from Defendant Cho Jae-hun and KRW 30,000 from Defendant Kim Jae-sik was made respectively.

5. As to Defendant Kim-sik, Defendant Choi 0, Defendant Kim 0, Defendant Kim 0, and Defendant Kim 00, each of the above fines shall be ordered to pay the amount equivalent to the above fines, Defendant Cho Jong-hun, and Defendant Kim Jae-in, respectively.

Criminal facts

Defendant Cho Jong-hun is working in the market from July 1, 2002 to 00 cities, and is engaged in overall administrative affairs of 00 cities, such as budget allocation, business selection, various kinds of persons and permission affairs, direction and supervision of affiliated public officials, etc. related to the final decision and implementation of major project policies, such as the project related to the living environment of residents and the urban planning project, etc., and the final decision and implementation of major project policies such as urban planning projects. Defendant Kim Jae-sik is a person who is in charge of overall administrative affairs of 00 cities from May 30, 200 to May 29, 2004;

1. Defendant 0 decoration:

A. The 00 Industrial Construction Co., Ltd., a representative director of which is a 00 country, received KRW 15,661,000 on Jan. 22, 2003 by concluding a contract for flood restoration work at 00 October 23, 2002 and 100, and received KRW 60,398,000 on Nov. 6, 2003 by concluding a contract for the confirmation of access roads to 100 roads at 100 roads.

5,00,000 won which was provided to the 00-day office office of the secretary-general at the end of January 2003 to the effect that the least director of the 00-day office of the non-market office provides 100-day office for convenience in relation to various contracts for construction, subcontracting contracts, etc. implemented by the 00-day office of the 00-day office of the 00-day office of the secretary-general; and the public official receives a bribe in relation to his duties;

B. On January 24, 2003, Ma0, Co., Ltd., which is engaged in the real estate lease and construction business for which Kim Jong-sik serves as the representative director, purchased 00:00 :00 :1594 - 3,150.63 - on April 18, 2003, and applied for a construction permit of the sports center "10 - with 11,457.63 - on the surface of April 18, 2003, with the parking lot, sales, business facilities, and sports facilities on the third floor above the ground, 100 - after obtaining the construction permit on May 21, 2003 and filing a construction report on May 21, 2003; after obtaining the construction permit on December 5, 2003 and on June 30, 2004, with the total floor area of 26,87 - 24 - 1, 2014 -44 -1.

From the end of January 2003, at the office of the secretary general of the above 00 market office, 00 :00 :00 :00 :04 :3,150.6 ; as above, 00 : and 10,000 :0 ; ; ; ; ; ; ; and ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ;

C. Between 00 on December 24, 2002 and 00 Futures Co., Ltd., 200, which were in office as the head of Cho Jong-si branch office, concluded a contract to supply KRW 1,288,728,000 for the above company's working delivery of KRW 1,288,728,000 for the above company's working delivery of KRW 1999,269,000 for the employees on December 30, 200, and concluded an additional supply contract for KRW 1,487,194,797,000 for the employees on January 29, 2003. The above supply price was paid from May 20, 2005.

On February 5, 2003, 15,00,000 won out of 17,00,000 won, which was transferred to one bank account (Account Number: 7218101949207) of the above Chapter 17,00, which was sent to the effect that the above Chapter 00 office office supplies the employee uniform, and that 00,000, which was operated by 00, would request each kind of convenience in relation to the order of construction contracts by 00 construction companies operated by 00,000,000, was received through the above Chapter 00, and the public official received a bribe in relation to his duties;

D. From January 1, 2002 to December 31, 2002, from 00 to December 31, 2002, the number of supply of ready-mixed through a negotiated contract has not been more than 30 times, and from January 1, 2003 to March 5, 2003, the head supplies ready-mixed to the Corporation ordered by the head of Eup/Myeon/Dong office in the jurisdiction of 00 cities for two months from January 1, 2002 to December 31, 2002.

At the above 00 market office around the end of March 2003, a public official received 2,00,000 won directly and received 2,00,000 won to the effect that the 00th director of the corporation, who is the representative director of the corporation, provides various conveniences related to the supply of ready-mixed in various construction works ordered by the market."

E. On February 10, 200, 000 K Co., Ltd., which is working as the representative director, applied for permission for construction of a shopping center with the total floor area of 3,313.26 square meters, 151, and 6,406.26 square meters from 00:0 :00 :33,313.26 ; 300 Garing shopping center with facilities for sales, business, facilities, neighborhood living facilities, culture, and assembly on the second ground, and with the total floor area of 9 stories above the ground, but at the deliberation of the original construction council at the time of February 28, 203, "after supplementation" was decided on March 19, 2003; and as a result of re-deliberation on March 24, 2003, an application for construction permission was filed on March 26, 2003; and the construction permission was filed on March 31, 2003; and the construction permission was reported on March 34, 200134.4.

From the end of March 2003, at the office of the secretary-general of the above 00-market office, the 10,000 U.S., the representative director of the shopping center, who is the representative director of the shopping center, asks for various conveniences in connection with the establishment of the shopping center." A public official, who received 10,00,000 won through Chapter 00, receives a bribe in connection with his duties;

(f) On March 16, 1998, the following 00 Won for the purpose of construction, operation, etc. of a museum; 100 Won for the above 200 local museum building; 200 local government ; 30 local government ; 4 local government ; 0 local government ; 20 local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government - local government .

On September 8, 2003, at the Seongbuk-gu Seongbuk-dong Branch of Seongbuk-gu, Seongbuk-gu, Seoul, for supporting KRW 2,100,00,000 for the construction expenses of the museum at 00 p.m., and in the future, for providing additional subsidies in connection with the construction of the museum, and for providing various administrative support to 0 p.m., for the above 00 p.m., he transferred KRW 50,00,000 to 0 p.m., the above money to 00 p.m. on September 0, 203, which is 00 p.m. to 00 p.m., the above money was transferred to 00 p.m.'s 00 p.m., which is 00 p.m.'s 00m., the above money was received to 00 p.m.'s 00 p.m.'s 00m.'s 00m.

2. Defendant Kim Jong-sik:

10,000,000 won shall be delivered to 10,000 won, as described in the above 1-b. A bribe,

3. The defendant 1, 200

D. A bribe of KRW 2,00,000 shall be given to 00 as described above 1-D, and a bribe shall be given;

4. The defendant last 0 persons:

(e) deliver a bribe of KRW 10,000,000 to Cho 00, as described in the above 1-e (e)

5.No person may give or receive any political funds unless provided by the Political Funds Act:

(a) Defendant 0’s decoration in mind to provide illegal political funds to Kim 0 Jae-sik;

on November 19, 2000,000 won for political funds in a way that is not prescribed by the Political Fund Act, by granting 30,000,000 won for political activity expenses, etc. from the private office of Kim Jae-in in Seoul, and from the private office of Kim Jae-in in Seoul on November 19, 202;

B. Defendant Kim Jae-in:

On November 19, 2002, an individual office received 30,000,000 won for political funds in a way that is not prescribed by the Political Fund Act, after being issued 30,000,000 won for political activity expenses, etc. from Cho Jong-hun under the pretext of political activity expenses, etc.

Summary of Evidence

【No. 1-A. Fact on the market】

1. Statements corresponding thereto from the fourth trial records to the highest state of witness;

1. Statements corresponding thereto of 00 witnesses in the fifth trial records;

1. Statement corresponding to the interrogation protocol of the least country prepared by the public prosecutor;

1. The statement that corresponds to the statement of 00 category written by the public prosecutor;

1. A statement prepared in the last ten countries which corresponds thereto;

1. The period corresponding thereto in the multi-stage 2003 (No. 854 pages of the trial records) bound in the trial records;

Re-Resolution

1. The details of orders for the construction of 00 industries, stock companies, etc. filed with each investigation report bound in evidence records (No. 2005 type 31534);

(Evidence Records No. 1492), a certified copy of the corporate body of 00 industry construction corporation (Evidence Records No. 1492);

appendixment of specification (Evidence No. 1824) and copy of statement of transaction (Evidence No. 1825 pages)

corresponding entrys

1. Unclaimed passbook receipts (written evidence No. 1414 pages), penalty surcharges, which are compiled into evidence records (written evidence No. 2005-type, No. 31534, No. 2 books);

Receipt of postal items, copies of receipt of postal money order receipts (Evidence No. 1416 of the evidence records), copies of written confirmations of payments without passbooks (Evidences)

a copy of the seizure protocol (Evidence No. 2255 of the evidence record), corresponding to each description

[Article 1-1(b), 2]

1. Statements corresponding thereto in the first trial records;

1. Statements corresponding thereto of 00 witnesses in the fifth trial records;

1. Statement corresponding to the protocol of examination of suspect as to Kim 0-type prepared by the public prosecutor;

1. The statement that corresponds to the statement of 00 category written by the public prosecutor;

1. The statement that corresponds to the written evidence prepared by the public prosecutor;

1. A statement prepared in accordance with the KimO-type;

1. The period corresponding thereto in the multi-stage 2003 (No. 854 pages of the trial records) bound in the trial records;

Re-Resolution

1. Each investigation report bound in the evidence records (No. 2005-type 31534) (Evidence) attached to the relevant documents related to the building permit;

annexed to a sales contract (Evidence No. 1654 of the Evidence No. 1654 of the Document) in the case of a 1245,00 piana site

each entry

1. Unclaimed passbook receipts (written evidence No. 1414 pages), penalty surcharges, which are compiled into evidence records (written evidence No. 2005-type, No. 31534, No. 2 books);

Receipt of postal items, copies of receipt of postal money order receipts (Evidence No. 1416 of the evidence records), copies of written confirmations of payments without passbooks (Evidences)

corresponding entry in a copy of the seizure protocol (Evidence No. 2255 of the evidence record), each corresponding entry

【Public Notice No. 1-C.】

1. Statement corresponding to the 0 attitude of a witness in the third protocol of trial;

1. Statements corresponding thereto of 00 witnesses in the fifth trial records;

1. The 6th protocol of interrogation of a suspect who is prepared by the public prosecutor, containing statements corresponding thereto (the 00th protocol);

Part of Statement

1. The statement that corresponds to the statement of 00 category written by the public prosecutor;

1. Money corresponding thereto among the multi-purposes, 200, which are bound in the public trial records, 2003, which correspond thereto; 1. Money transferred without passbook (Evidence No. 1414, No. 1414, 2005, No. 31534, No. 2, of the record of public trial);

Receipt of postal items, copies of receipt of postal money order receipts (Evidence No. 1416 of the evidence records), copies of written confirmations of payments without passbooks (Evidences)

corresponding entry in a copy of the seizure protocol (Evidence No. 2255 of the evidence record), each corresponding entry

【No. 1-D., 3 Facts】

1. In the first trial record, part of statement corresponding to the defendant 10 decoration shall be written;

1. Statements corresponding thereto by the defendant 20 in the second trial records;

1. Statements corresponding thereto of 00 witnesses in the fifth trial records;

1. Statement corresponding to the interrogation protocol of the accused 0 decoration prepared by the public prosecutor, in part;

1. Statement corresponding to the interrogation protocol of the defendant chief 00 prepared by the public prosecutor;

1. A statement prepared in compliance with the statement;

1. Complys with the multilateral principles of 200-2000 books bound in the public trial records (for example, No. 854 pages of the public trial records);

statement.

1. Each investigation report (business registration certificate and the register of the corporation) bound in the evidence records (2005 type No. 31534);

Attachments (Evidence No. 1846 of the Document), Attachments (Evidence No. 1853 of the Document) to the Director of the Sales Agency 00 B/C Co.

Pursuant to each corresponding entry in the output of the sales ledger (Evidence No. 1854 of the Evidence) of the Food Company 00 ready-mixed

1. Unclaimed passbook receipts (written evidence No. 1414 pages), penalty surcharges, which are compiled into evidence records (written evidence No. 2005-type, No. 31534, No. 2 books);

Receipt of postal items, copies of receipt of postal money order receipts (Evidence No. 1416 of the evidence records), copies of written confirmations of payments without passbooks (Evidences)

corresponding entry in a copy of the seizure protocol (Evidence No. 2255 of the evidence record), each corresponding entry

【No. 1-e., 4】

1. Statement corresponding thereto, in the first trial records, to the least ten defendants;

1. Statements corresponding thereto of 00 witnesses in the fifth trial records;

1. Statement corresponding to the protocol of examination of the suspect about the least ten defendants prepared by the public prosecutor;

1. A statement in the most recent statement, which corresponds thereto;

1. Pursuant to the Caluri (No. 854 pages of the public trial record) of the Category 100 which was bound in the public trial records in the year 2003, those corresponding thereto; 1. Evidence attached (No. 2005 type No. 31534) of the investigation report (No. 000 type No. 31534); and

corresponding description of a record 1268 pages)

1. Unclaimed passbook receipts (written evidence No. 1414 pages), penalty surcharges, which are bound to the evidence records (written evidence No. 2005-type, No. 31534, No. 2 books);

Receipt of postal items, copies of receipt of postal money order receipts (Evidence No. 1416 of the evidence records), copies of written confirmations of payments without passbooks (Evidences)

a copy of the seizure protocol (Evidence No. 2255 of the evidence record) 1418 of the record, each corresponding entry

【No. 1-f. Fact】

1. Statement corresponding thereto of 00 of witnesses in the third protocol of trial;

1. In the third protocol of trial, part of the statement corresponding thereto of the witness's protocol;

1. The statement corresponding thereto of a witness in the fourth trial record;

1. Statements corresponding thereto of 00 witnesses in the fifth trial records;

1. The 6th protocol of interrogation of a suspect who is prepared by the public prosecutor, containing statements corresponding thereto (the 00th protocol);

Part of Statement

1. Statement corresponding to the protocol of examination of suspect about 00 prepared by the public prosecutor;

1. The entry corresponding thereto in the sixth statement of the prosecutor’s protocol on the category 00 of the prosecutor’s preparation;

1. The entry of each statement corresponding to 00 in the public prosecutor's preparation and each statement of objection;

1. Each statement in the preparation of 00, 00, 00 and 100, which correspond thereto;

1. Written intent to establish a museum of 000 saws bound in documentary evidence records (2005No. 31534) (Evidence records No. 150);

a) a certificate of registration of 000 celebs (Evidence No. 156 of the evidence record), a register of 000 celebs as an incorporated foundation (Evidence)

§ 163 of the record, a plan for the establishment of a museum (Evidence No. 166 of the record), a plan for attracting 000 tree museums (Evidence)

Written Records No. 179), 0000 request for subsidies for the establishment of a museum (Evidence Record No. 185 pages), 10

The copy (Evidence No. 187 of the Record), 00-type account analysis (Evidence No. 263 of the Evidence Record), and scriptive

Attachment (Evidence Record No. 267), each investigation report (Evidence Record No. 500 of the Record), each incorporated foundation

Attachment of 000 trees (Evidence No. 508 of the Evidence Records), copy of the meeting minutes of the Incorporated Foundation, etc.

appendix (Evidence Records No. 567), such as a statement of intent to establish (Evidence Records No. 622), attachment of reference material (Evidence Records No. 622)

(No. 650 of the record), details of account transactions (Evidence No. 688 of the record), together with a copy of the activity report (Evidence No. 688 of the record)

827 pages), a copy of a receipt of 000 tree Foundation (Evidence No. 890 pages), a copy of a loan agreement (Evidence)

913 of the record, analysis of account transactions (Evidence No. 924 of the record), confirmation of the marriage date (Evidence No. 924 of the record),

1451 pages 1451 ), Skndo self-ex, racing X-ray confirmation (Evidence No. 1488 of the Evidence), and the location of a store

(Evidence Records No. 1579), photographs (No. 1580 of investigation records), analysis of account transactions (Evidence Records No. 1685 of investigation records)

a) the progress of the course of the Museum of 000 saw (Evidence No. 3, 822 of the Record), attachment of account details (Evidence)

§ 162 of title 3 of title 1662 of title

【Each Facts of No. 5 at the Time of Sales】

1. Compliance with those of Defendant Kim Jae-in in the first trial records and the second trial records;

Each statement

1. Compliance with the prosecutor's protocol of examination of the suspect as to Defendant 1 and Defendant Kim Jae-in; and

state of each statement

1. Each statement corresponding thereto among the statement statement made by the public prosecutor and under the regular0;

1. Statement of statement, duplicate copy (a copy of the investigation) of the prosecutor’s protocol prepared in the investigation records (No. 30682, 2005; No. 30682);

§ 11 of the Record, the reply letter confirming the boarding of the Korea Air Flight Operator (U.S. No. 42 of the Investigation Record), and the withdrawn money tag

(95 pages of investigation records), cashier's checks payment (96 pages of investigation records), and payment of checks for each investigation report.

Confirmation of Presenter (No. 104 of investigation records), a reply to confirmation of fact (No. 115 of investigation records), office confirmation (number of pages of investigation records)

Private records No. 155), tracking a check-user (investigative Records No. 161), and requesting financial transaction information

The response (105 pages of investigation records), a certified copy of the register of the corporation (12 pages of investigation records), details of payment (record of investigation records)

163 pages) Each corresponding description

Judgment on the argument of the defendant and defense counsel

I. Determination on Defendant 0’s misunderstanding and his defense counsel’s assertion

1. As to the crime No. 1-A through E

(a) Whether there is credibility in the statements set forth in multilaterala and Chapter 00, 2003;

(1) The defendant and his defense counsel's assertion

(4) If the defendant, 10,00 won, or 10,000 won, or 15,000 won, or 15,000 won, or 40 won, was used for the defendant, he did not know that he received KRW 10,00,00 from the nearest 0, or 100, or 100,000, or 10,000, or 10,000 won was used for the above 4,000, or less than 4,000, or 1,000,000,000, 4,000,000, 3,000,000, 4,000,000, 4,000,00,000,00,00,000,000,00,000,00,000,00,000,00,00,00,00.

(2) Determination

In light of the above facts, 00 won was 0.0 won per 00 m20 m20 m20 m20 m20 m20 m20 m20 m20 m3 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m20 m3 m20 m20 m3 m20 m20 m2 m20 m2 m3 m20 m2 m3 m20 m2 m2 m2 m3 m2. m20 m3 m20 m2 m2 m3 m2 m20 m2 m2 m20 m2 m3 m20 m2 m3 m20 m3 m2. m20 m2

According to the above facts, even if the above 1.0 years old 200 won, while performing the duty of paying money under the direction of the defendant, it appears that the account book prepared the details of the withdrawal from time to time in order to report the business process to the defendant. Although the defendant stated the above Dan Do's above questions on the seizure landscape, there is no doubt as to the circumstances of seizure since it was seized by the prosecution while it was kept without being retired from the relationship within the 00 Don Don Don Don Don's own consciousness, and there is no specific change in the defendant's Don Don Don 1800,000,000,000 won stated on the 14.1.3 years old Don Don 1413, it appears that the defendant's statement was merely 00,000,000,000 won, which was written on the basis of the defendant's statement that there was no specific change in the above Don 1412,00,00,00,0,0,0, ex post facto.

B. Whether a bribe was given to the defendant

(1) Defendant and defense counsel’s assertion

The highest country stated that the prosecutor's office delivered KRW 5,00,000 to KRW 00 with the indication of audit of Category 00, and this court stated that it was personally used in this court. The Kim0 stated that the above amount was given to Category 00, while the defendant and the party members were competing at the time of election of the local council in the past, and that the defendant was refused to give money for personnel solicitation. Thus, the court stated that KRW 10,000,000, which was paid to Category 00 in this court did not correspond to City Mayor, and the first 00 was asked to deliver uniforms to Chapter 00 in this court, so the court stated that KRW 15,00,000 was delivered to Chapter 0 with the indication of auditor, and that the maximum 0,000 were delivered to the defendant, and that the defendant did not give a bribe to Chapter 00, but only 00,0000,000,000 that were delivered to Chapter 0.

(2) Determination

Comprehensively taking account of all the evidence mentioned above, the highest country and KimO-type came to know that there was no money from around 200 to 00 the defendant's gift, etc., which is the market, and that there was a little amount of money to 00 to Do, and that the above money was paid to Do, and that Do-type 00 was paid to Do-type 00 around 00 to Do-type 1, the above money was paid to Do-type 10 to Do-type 1. The fact that Do-type 10 had been paid to Do-type 10 to Do-type 1, 200, Do-type 1, 200 to Do-type 1, Do-type 1, 200 to Do-type 1, Do-type 1, 200 to Do-type 1, 200 to Do-type 1, 200 to Do-type 1, 200.

Considering the background and time of delivery of a bribe as revealed in the above facts of recognition, the amount of money given as a bribe, the occupation of a person engaged in a bribe, and the correlation between 00 and 00 times in its duties, each of the above amounts, which was linked to 00, can be recognized as a bribe against the defendant. The fact that the above fact that the above mineer has a little close relationship with 00 to 190 to 190 to 20, and his ambiguous statement cannot be viewed as not a bribe against the defendant.

(c) Where business relationship is recognized;

(1) Defendant and defense counsel’s assertion

Various construction contracts entered into between the least country and the 00:00 p.m. are subject to a bid based on the electronic bid screen conducted by the Public Procurement Service; there is no room for the defendant to intervene; there is no help of the defendant in the process of obtaining a building permit from 00 p.m.; since the 00 p.m. supplied uniforms, the selection of the supplier was conducted by electronic bidding, the defendant was not entirely involved in the selection of the supplier, etc.; as the supply of 00 p.m. is related to the supply of ready-mixeds, the supply of ready-mixeds about the 00 p.m. is conducted through the Public Procurement Service; the supply of ready-mixeds is possible through a free contract with the total supply amount of 5 million U.S.s.s. to be ordered at Eup, Myeon, and Dong within the area of 00 p.m.; however, there is no room for the defendant to intervene; and there is no relevance between the defendant and the above construction permit from the maximum construction permit from 00 p.m.

(2) Determination

The legal interest in the crime of bribery is the process of performing the duties of a public official, the trust in the society, and the impossibility of purchasing the said duties. Since the bribery does not require any solicitation or unlawful act, it does not require any special solicitation to recognize the bribe of the received money and valuables. Moreover, it is sufficient that money and valuables have been received in connection with the duties, and there is no need to have an individual relation with an act of performance of duties or a quid pro quo. When a public official receives money and valuables or other benefits from a person who becomes the object of his duties, it is deemed that such money and valuables are merely an exceptional consideration in light of social norms, or it cannot be deemed that there is no relation with his/her duties unless there are special circumstances, such as where he/she can be clearly recognized that personal-friendly relations is made by the need of decentralization. If a public official received money and valuables in connection with his/her duties, even if he/she received them, such money and valuables shall be a bribe (see Supreme Court Decision 201Do3759, Oct. 12, 2001).

Comprehensively taking account of all the evidence mentioned above, the highest country, Kim Jong-sik, Cho Jong-sik, Cho Jong-tae, Park 00, and Choi 0, at the time of delivering each gold source to the defendant, were or was entering into a contract for construction or supply with 00 p.m., and Kim Jong-sik and the highest 0 p.m. were or was in the process of obtaining a building permit from 00 p.m. in constructing a new building, and the defendant also knew of this fact.

Therefore, even if the defendant, who is in the market of 00 city and is in charge of all administrative affairs of 00 city, such as the allocation of budget related to the final decision and implementation of major project policies such as regional development projects, residents' living environment-related projects and urban planning projects, the allocation of business operators, various kinds of permission and work, and the direction and supervision of subordinate public officials, is well aware of such fact and received each of the above money from the highest, 00, 00, Ma-0, Ma-type and Ma-type, the defendant actually ordered construction through the public procurement office or electronic bid, and the defendant did not actually assist in entering into the construction contract and delivery contract, or any actual assistance is not granted when the defendant obtains the construction permit, in light of the social rules, even if it is deemed that it is merely an exceptional consideration in light of the social rules, or it cannot be acknowledged that the personal friendly relationship is merely a mere one of the public tender needs for 00 minutes, and it cannot be acknowledged that the defendant's personal friendly relationship was relatively one of the public tender of 0000 minutes.

2. As to paragraph 1 (f)

A. Defendant and defense counsel's assertion

Since the Defendant did not demand 00 knife the above amount from 00 knife a museum building to 00 knife the above amount, he did not know that knife the above amount was delivered to 00 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

B. Determination

(1) Whether the statement in Category 00 is admissible as evidence

According to each of the above evidence, Category 00 of the above facts can be acknowledged that the above amount is delivered to the defendant's living together with the defendant's instructions. In light of the above confessions, it is true that the prosecutor's statement of Category 00 was delivered to the defendant's living together with the defendant's living together with the defendant's statement of 00, or the statement that was made by the prosecutor's meeting or by threat or that was made by a statement that was made by a violation of the Criminal Act, and that the defendant's living together with the defendant's living together with the defendant's living together with the defendant's statement of Grade 00 is not admissible, or that it was not admissible as a statement that was made by the prosecutor's meeting or by a threat, or that it was made by a statement that was made in violation of the Criminal Act, and there is no other evidence to acknowledge that there was no other evidence.

(2) The time when the money was received is at the time.

Part 00 stated in the prosecutor's office and this court that the above amount was transferred to her house before the prosecution's office and this court's 2003 position, and that the above amount was transferred to her house, and that the 0th century was directly transferred to her house at the 00th office, and that the 0th office and this court's statements also correspond to this. Meanwhile, the 0th office's statements made in line with the above statements after the confession of her crime by the prosecutor's office and this court's office and this court's statements are also consistent with this. In addition, the 6th court's 6th office day after the confession of her crime at the prosecutor's office and the court's office and the court's 19th day after this court's 19th day after this court's 19th day after this court's 19th day after this court's 19th day after this court's 196th day after the delivery of the above amount.

(3) Whether the report was filed

Even if he was paid the above money from 00 mar and mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar.

(iv)whether an instruction was given to the Gimmona;

(A) Statements of interested parties;

The Kim Ho-hun stated that he had ordered the defendant to deliver the above 00 money from 00 trillion won to 00, and that he did not inform the defendant, and that she had the defendant receive money from 00 early 00, but he had received the above money from 00 after the defendant's request for Kim Ho-hun that he was notified that she had received the above money from 00, and that she had received the above money from 00,000, an incorporated foundation's museum project and the delivery of the above money from 00,000, after he led the prosecutor's office to 0,000, he had been present at the 6th 0,000, and had the above 00,000,000 won received money from the above 0,000,0000, and he received the above money from the prosecutor's office before 0,000,0000,000 won received money from the above 0,000,000.

After all, we will look at what direction the above money was delivered to 00 dwellings and what the related person's statement is.

(B) The credibility of the statement of Kim Ja-hun, Cho Jong-soo, and Cho Jong-tae

The Kim Jong-hun stated that he received 00 money from Cho Jong-tae to 00 by delivering it to 00 and stated that he would use the above money to manage his election organization, and that he received the above money from 00,000, under contact with Cho Jong-do Kim Jong-hun and received the above money from 00, but he did not inform the defendant of the fact that he did not know that she had his money he would be kept by her female students in Seoul, and that she would use the money received from 00,000 in his own account. This is contrary to the purport of the above statement, and it is difficult to reverse that she was present at the court to inform the defendant of the fact that she could not receive the above money from 00,000,000 won since all of his criminal acts were led to the confession of his crime from the prosecutor's office and received the above money from 00,000,000 won in the process of delivering it to this court, and that she did not have any relation to the above statement.

(C) The credibility of the statements of Category 00, Etha, and tea 00

The Category 00 stated that he was unable to memory at all about the fact that he received the said money from Chono-Mon, and that he received the said money from his speech to his memory, and that he was in custody for one month after being directly delivered the cash contained in the shopping bags from his 00s. He delivered the said money to his 00s house in Seoul at the same time on the marriage commemorative day of that year, but he stated that the shopping bags containing cash were 00s in the leno-Ma and transferred it to his 10s house. The statement was also issued from his leno-M on the leno-Ma. The statement was consistent with the above 00s house to the leno-Mymar’s le-Mymar’s le-Mymar’s le-Mymar’s le-Mymar’s le-Mymar’s le-Mymor’s le-Mymor’s le-Mym.

(5) Therefore, it is recognized that the above money was delivered from 00 kings to the Defendant and reported it to the Defendant, and that the above money was delivered to 0 Hun-classs by the Defendant’s instruction.

3. As to paragraph 5

A. Defendant and defense counsel's assertion

While the Defendant, while holding a horse at the time of the 00-market competition, he was a member of the National Assembly at the time of the 00-market competition against Cho Jae-sik, who was a member of the National Assembly at the 00-party 100-party 1, the Defendant claimed that, on October 18, 2002, he was holding 30,000,000 won in cash to Kim Jae-in on October 18, 2002, but he returned the said cash to Kim Jae-in, and again, he returned the said cash to Kim Jae-in after converting the said cash into a check in accordance with the purport of Kim Jae-in in November 202. This is limited to a simple donation that is not a political fund. Even if this is not so, the offer of political funds was made on October 18, 2002, which was already made on October 18, 2002, it was merely a violation of the Act on the Regulation of Political Funds.

(b) judgment;

Comprehensively taking account of the aforementioned evidence, the Defendant may determine the fact that, at the presidential election as of November 19, 2002, the Defendant delivered KRW 30,000,000 on a check to the Kim Y, who was a member of the local constituency National Assembly at 00,000 at the time of the presidential election. Considering the above facts of recognition, the status and position of Kim Jae at the time of the above recognition, and the time of delivery of the above money, the above money can be sufficiently recognized as political funds. Furthermore, the Defendant and Kim Jae-in’s statement that there was a declaration of intent to grant political funds on October 18, 2002 is not trust, and thus, the Defendant and his defense counsel’s assertion that the statute of limitations has expired on the premise that this was completed is without merit.

II. Judgment on Defendant 00’s argument

The Defendant, along with his children, had a 1st 00 and 0th son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant 0 decoration

(1) The point of each acceptance of bribe (a) and the point of each acceptance of bribe: Article 129(1) of each Criminal Code (each requisition);

(Rescidal Selection)

(2) The acceptance of bribe (the first fact on the market): Article 2 Section 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes

Paragraph 2, Article 129(1) of the Criminal Act

(3) Illegal receipt of political funds: The former Political Funds Act (Law No. 7191, Mar. 12, 2004)

Paragraph 1 of Article 30 of the previous amendment (hereinafter referred to as the "former Political Fund Act")

(Selection of Imprisonment or Imprisonment)

B. Defendant Kim Jong-sik, Defendant Choi 0, Defendant 20

Each offering of bribe: Articles 133(1) and 129 of the Criminal Act (Selection of Fines for Negligence)

C. Defendant Kim Jae-in

Political Funds : Article 30(1) of the former Political Funds Act (Selection of Fines)

1. Aggravation for concurrent crimes;

Defendant Cho Jae-hun: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

Crimes of Violation of the Punishment, etc. of Crimes Act (Bribery) and violation of the Political Funds Act, and punishment;

The severe violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)

1. Discretionary mitigation;

Defendant 1: Articles 53 and 55(1)3 of the Criminal Act (the following sentencing grounds)

1. Detention in a workhouse;

Articles 70 and 69 of the Criminal Act

Paragraph 2

1. Inclusion of days of detention in detention;

Defendant 1: Article 57 of the Criminal Act

1. Additional collection:

A. Defendant 0: Article 134 of the Criminal Act

B. Defendant Kim Jae-in: Article 30(3) of the former Political Funds Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Grounds for sentencing

1. The defendant 0 decoration;

Defendant Cho Jong-hun received a total of KRW 42,00,000 from 00,000,000 from 00,000,000 which had been a contract or supply contract with 00,000 and which was to obtain a construction permit from 00,000, or to receive a total of KRW 42,00,000 from 0,000,000 from 00,000, which had been a foundation foundation to assist with a museum construction fund, and received KRW 2,10,000 from 0,00,00,000 from 0,000 from 0, the company provided illegal political funds at the same time on the one hand. This is an act of blinding this part as a market, and even if 200,00,000 prior to the Defendant’s inauguration was punished as a crime of acceptance of bribe, it is more likely to be subject to any further criticism. In addition, the above Defendant is more likely to commit the crime of this case using the defect of bribery.

However, considering the fact that there is no particular criminal record other than a fine, and during that period, it appears that he/she has made many efforts by citizens as a civilian ship market, considering favorable circumstances in favor of the above defendant, and other circumstances, such as the age, character and conduct, environment and circumstances of the above defendant, the sentence of imprisonment with prison labor within the scope of the term of punishment mitigated by a small amount of punishment, and the penalty of KRW 92,00,000 received from the above defendant shall be collected as a penalty.

2. Defendant KimO-type

Defendant Kim Jae-sik was trying to offer money and valuables to 00,000, an associates after being well aware of it, and to promote the convenience of business in return for the money and valuables. However, considering that the nature of the crime is not less than 00 square meters, the amount of the bribe, and the fact that there was no criminal record other than the crime of this case, the above Defendant shall be sentenced to a fine of KRW 10,000,000.

3. The maximum number of defendants;

In light of the fact that Defendant 1 was trying to provide money and valuables to the category 00, which was well known to the public, and to promote the convenience of business as a price for such money and valuables, Defendant 10,000,000 won is also sentenced to the above Defendant, taking into account the fact that the nature of the crime is not less than 10,000 square meters, the amount of the bribe, and the fact that there was no previous conviction other than the instant crime.

4. Defendant Kim Jae-in

Defendant Kim Jae-in did not refuse any illegal political funds provided by the above Defendant Kim Jae-hoon and committed the instant crime. However, in consideration of the circumstances such as the fact that the above Defendant was the first offender, that the said Defendant was not actively requested for illegal political funds, that the Defendant’s mistake was divided in depth, and that he was against it, a fine of KRW 5,00,000 shall be imposed on the above Defendant, and KRW 30,000,000 shall be collected as a penalty.

5. Defendant Heading00

Defendant 1 and 100 won should be sentenced to a fine on the above Defendant, taking into account the following facts: (a) the fact that Defendant 1 and 100 children have provided money and other valuables to his children and sought convenience in business in return for the money and other valuables; (b) but the amount of bribe is relatively small and no specific solicitation has been made; and (c) there is no previous fault.

Guway (Presiding Judge)

Freeboard water

Yang Ho-ho