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(영문) 서울북부지방법원 2019.01.17 2017고단5079
정치자금법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to a fine of two million won for violating the Political Funds Act at the Seoul Central District Court on February 14, 2011, and as the highest member of the C Party (the present D Party) from June 1, 2014, a person who was in charge of the representative duties of the C Party on behalf of the wife E is a person who was in charge of the representative duties of the Party, and the Defendant B is the F Director.

1. Defendant A

(a) No one shall receive any contribution of political funds in connection with the recommendation of any specific person as a candidate to run in elections for public office;

Nevertheless, around November 2014, the Defendant talked to the effect that “I will make the party representative, standing adviser, and proportional representation 2,000,” and that I would pay money in return for the success of the party.” The Defendant talked to the effect that “I need money due to the financial difficulties of the party.”

On January 22, 2015, the Defendant conferred a letter of commitment to B, under the name of Ministry E, that “The 20th National Assembly member election C party to the election of proportional representative National Assembly member No. 20,” and received cash KRW 20 million from B on January 23, 2015.

Accordingly, the Defendant received political funds in relation to the recommendation of a specific person as a candidate.

(b) No contribution of political funds shall be made in such a way that is not provided for in the Political Funds Act;

On February 2, 2015, the Defendant expressed to B that “The right of proportional representation No. 2 and No. 3 to recommend candidates is needed. Money is needed due to the financial difficulties of the party.” The Defendant discussed to the effect that money is given in return for the right of good faith.”

The defendant, in cash from B, on July 1, 2015, KRW 15 million, and KRW 4 million on July 26, 2015, and the same year.

9. 22. 2.2. 2. 2. 6. 6. 6. 6. 1. 6. . 45 million won in total and accepted, and on November 7, 2015, B had the right to serve as proportional representative candidates 2 and 3.

As a result, the Defendant received a contribution of political funds by means not stipulated in the Political Funds Act.

2. As to the recommendation of a specific person as a candidate in an election for public office by Defendant B.

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