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(영문) 서울중앙지방법원 2018.02.13 2017고합1274
정치자금법위반
Text

A defendant shall be punished by imprisonment for one year.

500,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

1. On July 1, 2002, the defendant's status and status were elected as a member of the fourth local council of the local council of the local council of the local council of the local council of the local council of the local council of the local council of the local council of the local council of the 5th local council of the local council of the local council of July 1, 2006. The defendant was elected as the chairman of the local council of the local council from July 1, 2008 to June 30, 2010.

2. On June 4, 2014, the Defendant was required to receive money and valuables from G Assembly members who were members in charge of recommending candidates to serve as public officials of the E political party would have been required to receive KRW 500,000 from the “6 and 4 local elections” planned as of June 4, 2014 through H, which are their assistant officers.

On May 2014, the Defendant issued KRW 500 million in cash to the assistant officer H and driver I who received the direction of G Council members on the side of the road in the following leap of the National Assembly Center of the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

In addition, from March 10, 2014 to May 10, 2014, the Defendant issued KRW 550 million, in total, to G Council members, on the pretext of a total of five occasions, such as the written list of crimes, as shown in the list of crimes.

3. As a result, the Defendant contributed to KRW 550 million in total of political funds in relation to the recommendation of a specific person as a candidate in an election for public office.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect by the prosecution against the accused (including a statement in the examination of the substitution of the J);

1. Statement made by each prosecutor to H and I;

1. The application of statutes on June 4, 2014 to G Assembly members and A’s text records related to local elections, among the contents marked in the pocket book, photographic materials printed out, and A mobile phone sirens materials;

1. Relevant Article 45 (2) 5 of the Act and subparagraph 1 of Article 32 of the Act ( comprehensively including, but not limited to, the choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 45 (3) of the Political Funds Act additionally collected;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Imprisonment with labor for not more than five years;

2. The offense of violation of the Political Funds Act, which has been sentenced, is not set on the sentencing criteria, so the separate statement about the recommended punishment is not set on the sentencing criteria.

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