2017Gohap47 Bribery, Violation of Political Funds Act, Occupational Embezzlement

A

He/she shall file a prosecution for a leather and Kim Byung-sil

Law Firm B, Attorneys C, D, and E

June 23, 2017

The defendant shall be punished by imprisonment with prison labor for not more than two years and by a fine not exceeding 30 million won, and a fine not exceeding 4 million won for the crime No. 2 of the judgment.

If the defendant fails to pay each fine above, the defendant shall be confined in the old house for the period calculated by converting each one million won into one day.

48,447,799 won shall be additionally collected from the defendant.

An order to pay an amount equivalent to each of the above fines shall be issued.

Criminal facts

【Basic Facts】

1. Status of the defendant and related persons

The Defendant, from October 2009 to December 2012, 2010, was a full-time adviser of the Fund in charge of the L-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U

The J, a special purpose corporation, which is established for the implementation of the F Development Project, is the K-A-U.S. K-U. K-U., a special purpose corporation (if changed, the K-U.S. L., hereinafter referred to as the "L") and the president of the K-U.S. K-U., an asset management company, who actually controls and operates the K-U, P, Q, etc., which is a corporation that mainly engages in

2. The Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd. shall be a special purpose corporation established on November 2, 2007 in order to carry out a "F Development Project" (hereinafter referred to as "H Project"), the main contents of which are to establish a hotel, contact, etc. in a lot of about 65,00 square meters in S, one by R&D around November 2, 2007. H is a corporation established on May 30, 2008 for the purpose of asset management, etc. of the Dispute Resolution Co., Ltd.

The NBA shall hold 31% of the shares as a major shareholder of the LAB and transfer all of the shares to the LABA on December 1, 2015, but it is a corporation that has been actually led by the affairs as an executive company until now.

【Criminal Facts】

1. False business embezzlement in relation to a service contract between the LU of a bankruptcy and the LU;

The defendant entered into a false service contract with L and the U.S., which is operated by the defendant, to withdraw the service cost in cash and deliver it to J, and the J has conspired with L and the U.S. to arbitrarily use the above fund.

According to the above public offering, the defendant, around February 18, 2009, transferred the funds of the victim L in business custody to the HH office, for service price of KRW 157 million in total, to the bank account in the name of theUU of the KU in charge of the project, and the defendant, from February 20, 2009 to April 3, 2009, entered into a management attraction service contract with an investor and the KJ, the service price of which is KRW 140 million, which is KRW 140,000,000,000,000,000,000,000 won, from February 20, 2009 to April 3, 2009; and the defendant, from February 20, to the above deposit price of KRW 30,000,000,000,000,000,000,000 won, out of the service price of KRW 50,000,00.

Accordingly, the defendant embezzled the amount of KRW 110,000,000 to J in collusion with the KJ.

2. Violation of the Political Funds Act in relation to the I market election campaign activities;

(a) Status at the time of retirement of the defendant at the HH;

The KF lending Co., Ltd. entered into an asset management service contract with the KF lending company, and operated it in the form of appropriation for the executive officers' wages and company operation expenses by receiving the asset management service fees from the PF lending company such as the Military Mutual-Aid Association. Around December 2012, the repayment of loans from the Military Mutual-Aid Association has become difficult from 2013 to the extent that the executive officers and employees are unable to pay the wages of the KF lending company. Accordingly, the KF lending company has decided to implement large-scale restructuring for the executive officers and employees since May 2013, six executive officers including the Defendant (A, W, X, Y, Z, and AA) including the Defendant, to retire from H, and to recover all the corporate cards paid to the executive officers and employees. Meanwhile, the KF lending concluded to return the corporation card (AB) used at the time of his/her retirement to the KF lending company.

(b) Activities of policy teams and strategic teams for the preparation of defendant's market elections;

On May 4, 2014, the Defendant: (a) set aside the LAH; (b) around that time, AD, a member of the regional constituency, prepared to prepare various campaign promises; (c) formed a policy team in order to prepare various campaign promises; and (d) prepared the draft of the election campaign through the invitation of each State Policy Team group and experts, while working as the executive secretary of the policy team. In addition, around September 12, 2013, the Defendant prepared a key strategy to join the AD member’s market election campaign at the AD member’s market head; (d) on the other hand, the Defendant established a key strategy to join the AD member’s market head, including preparing a pledge for the AD member’s election campaign through a strategic team meeting to organize an election campaign and recruit human resources to participate in the preparation activities; and (e) started the implementation of the AD policy head’s election campaign at the AD market head on February 4, 2014.

(c) Acceptance of political funds related to the use of the H corporation card issued by the J;

No one shall receive any contribution of any political fund by means that are not provided for in the Political Funds Act.

On May 2013, the Defendant received one copy (AE; hereinafter referred to as the “instant corporate card”) of the H in the name of the election activity expenses for gathering the ID National Assembly members from the K in the KH office located in Felman V, and ordered J to pay the meal expenses in the “A” restaurant located in AF on September 12, 2013, which is the first meeting of the strategic team, to use the instant corporate card, and from around that time to June 4, 2014, the Defendant used the instant corporate card with KRW 18,834,62 with the instant corporate card as indicated in attached Table 1 (Violation of Political Funds Act) and instruct J to pay the monthly card use expenses.

As a result, the Defendant received political funds worth KRW 18,834,662 from J in a way that is not set forth in the Political Funds Act.

3. Acceptance of bribe at the time of severe economic weather alerts;

From September 5, 2014 to November 18, 2016, the Defendant served as a market severe weather alert and assisted the market to take charge of the decision-making of various economic policies of the Si, budget adjustment incidental thereto, and management and practice of market campaign promises.

In settling meal costs at “AH” restaurant located in V on September 9, 2014, the Defendant used the instant corporate card that was issued by the J which is in need of support from the city in connection with H business to continuously support H business in the future. From that time to March 27, 2016, the Defendant used KRW 29,613,137 using the instant corporate card with the instant corporate card as indicated in attached Table 2 (Bribery) and had the J pay the monthly fee for using the card. Accordingly, the Defendant received a bribe from the J in relation to his duties as a market severe weather report, which is a public official.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness AI;

1. Each legal statement of the witness J, AJ and AK;

1. A protocol of examination of part of the accused by the prosecution (including the subordinate part of the J);

1. Each prosecutor's protocol of statement of AL, AM, N, AO, AP, Q, AR, AS, J, AT, and AA; 1. Investigation report [Report on the establishment process of a partnership of disputes, shareholders' agreement, articles of incorporation, etc.], 1 copy of the joint business promotion agreement [Report on October 1, 2007], 1 copy of the joint business promotion agreement [Report on October 26, 2007], 1 copy of the shareholders' agreement [Report on April 2008], and 1 copy of the Articles of Incorporation [Report on April 208];

1. Investigative report (K Present L), the structure and review of funds for the implementation projects and the execution of funds, the current status of the execution of loans borrowed from the Military Mutual-Aid Association, the details of and procedures for the payment of loans borrowed from the Military Mutual-Aid Association, and the

1. 수사보고[K)에서 발주한 컨설팅 용역 검토], A 작성 진술서, N 관련회사 명세 1. 수사보고[㈜K와 ㈜Q 및 ㈜U 사이의 용역계약 허위성 확인], F 개발사업 민간사업자 컨소시엄 기본협약서 참조, K㈜ 설립 관련 주주협약서 참조, ㈜Q 계좌거래내역 참조, ㈜Q, ㈜O, ㈜N 자금거래내역 참조, 2012. 3. 20.자 M 진술서 참조 1. 수사보리피의자 A이 사용한 H 법인카드 내역 첨부], AU 법인카드 거래내역, AB 법인카드 거래내역, AE 법인카드 거래내역, AE 법인카드 거래내역 중 경제특보 재직 중 사용내역

1. Results of the investigation report (attached to the results of the special economic alert promotion and documents), and results of the special economic assistant;

1. Investigation report [Attachment to a report on the results of meetings by division of the pledge and a plan for measures for the measures of the market participating in the economic severe weather report], business report (report on the results of meetings and a plan for measures of each division of public chemicals) and meeting minutes of market

1. e-mail sent by A to A for an investigation report [Attachment to e-mail that A has aJ, AV and the Prime Minister interview through the AD I market], e-mail sent by A fora, and e-mail sent to AX;

1. e-mail among investigation reports [Attachment to the personnel principles sent to AX by the City Policy Coordinator], A, and AX;

1. A copy of an investigation report (aY list of visitors (AY), the details of delivery of selective distribution of the Z, and attachment of a transport invoice), one copy of the list of participants (AY) in September 2014, one copy of the list of participants (AY) in February 2015, one copy of the list of participants (AY) in September 2015, one copy of the list of participants (AY) in February 2016, one copy of the list of participants (AY) in February 2016, one copy of the list of participants (AY), one copy of the shipment list in which the consignor entered as A, and one copy of the transport invoice in question;

1. Each copy of investigation report (Attachment to the list of participants, etc. in September 2013), one copy of the list of participants in September 2013, one copy of the list of participants in January 2014, one copy of the output of the participants in September 2014, one copy of the output of the participants in February 2015, one copy of the output of the participants in February 2015, one copy of the output of the participants in September 2015, and one copy of the output of the participants in February 2016;

1. Two copies of the report on the confirmation of appointment of BB attorney-at-law related to the Vice President of the Korea R&D Corporation (the Vice President of the Management Headquarters) before the investigation and report, documents submitted at the time of the case No. 20185, Busan Central District Prosecutor No. 2008, Busan District Prosecutor No. 9, and BA statements;

1. Investigation reports (reports attached to indictments), the indictment by Justice, and the indictment by AJ;

1. On February 18, 2009, the service contract entered into with the Korea Development Bank and U.S., the list of deliberation committee members of the Korea Development Bank on November 2, 2007, the short-term use contract for facilities, the short-term use contract entered into on October 17, 2007, the name of the director of the Korea Development Bank, the name of the member of the Korea Development Bank and the mobile phone establishment contract, the letter of delegation, the application for mobile phone establishment, the business registration certificate of the Korea Development Bank, the registration certificate of the KBD, the statement of the foreign loan agreement entered into by the KBD, the letter of the design service contract entered into on February 7, 201, the letter and the contract, the receipt made on September 12, 2008, and the report on the current status of business affairs of the Korea Development Bank (Investment Attraction) headquarters on January 10, 2014.

1. Arrangement of planning and management room, 'business interested in the formation of a special economic report', 'review and report on the matters instructed by a special economic credit union', 'list of major adjustment business of the economic characteristics, 'a list of business concerns in preparation', 'a list of business concerns in preparation', 'a road plan and data on request for the compilation of expenditure budget for the year 2017';

1. Report on the seat arrangement plan of the Si Innovation Headquarters, the result of meetings of each market-related department and a plan for measures, the F in the field of tourism development among the fields of major business plans, reported to the Si Council at January 1, 2014, in the major business plans in 2014 and the report on the business plans in 2014 of the R Corporation;

1. BE placement map, Si's building housing and major policies related to apartment supply, 'report on major policies related to apartment supply', 'Public Notice of Designation of Housing Eligible for Preferential Supply', and H apartment subscription guidance;

1. A's annual salary employment contract, application for payment of retirement benefits, and application for transfer of retirement benefits;

1. Review and report on the increase in the project cost related to road expansion works between BG distance and H H distance;

1. A research service agreement between N and BI University Industry-Academic Cooperation Foundation on April 1, 2008; a commission research agreement between the L and (g)BJ on July 24, 2009; a service agreement between K and K in the Dispute Settlement Bank on July 24, 2009; a related department agreement; a consultation between K in the Dispute Settlement Bank and K in the Dispute Settlement Bank; a proposal for the extension of the area of application of the Real Estate Investment Interest Transfer Residential System on April 19, 2012; a plan for visiting the Ministry of Justice, the head of the Ministry of Justice's Immigration Policy Center, and a letter of notice of schedule to be held in relation to the

1. The PM service contract between N and U, the copy of the JBL register, the e-mail amendment plan of the BMF on December 28, 2006 and November 29, 2007, the G annual salary contract, the details of the BN-related outsourcing service contract awarded by the KBD, the BO service contract, the e-mail sent by the BP on July 20, 2010, the mobile phone opening delegation contract between N and U, the BBK contract, the notice document sent by BC to BR on April 26, 201 to protect the copyright of the project design of the FN development project, the e-mail amendment plan, the economic promotion plan, the e-mail start-up agreement and the settlement of the e-mail service contract, the e-mail report sent by the BP on July 20, 201, the e-mail-related service provider and the e-mail consultation agreement, the e-mail-related agreement.

1. The e-mail that a market election policy team operation plan, minutes, and BU sent to A in 2014, and the e-mail that the AX assistant sent to A, BV doctoral policy proposals, BV's e-mail, strategies and policy tasks for each area, AD's vision and policy team's activities, and policy road map (up to competition);

1. Press technicians;

1. 2009. 2. 5.자 AS이 A에게 보낸 자문용역계약 관련 이메일, 2009. 2. 16.자 용역계약서 이메일, ㈜Q와 A 사이의 2009. 3. 12.자 금전소비대차 계약서

1. The current status of HH wage payments, and details of the use of HH corporation cards;

1. The e-mail sent by W on May 27, 2009 and May 28, 2009, the e-mail sent by B on November 19, 2009, and the operational plan for the Economic Severe of August 3, 2014;

1. Five copies of e-mail;

1. The e-mail management plan for the Economic Severe of August 5, 2010, and the e-mail management plan for the Economic Severe of August 3, 2014, prepared by Busan District Court Decision 2015Da204, Busan High Court Decision 2016/119, Jan. 2, 2009, the agreement between K and the KABD, which was prepared in July 5, 2009.

1. The sixth trial records, No. 2017 Gohap104;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 356, 355(1), and 30 of the Criminal Act (the occupational embezzlement, the defendant does not have the identity of a custodian in the course of performing his/her duties) (the punishment provided for in the proviso to Article 35(1) of the Criminal Act, the punishment provided for in Article 355(1) of the Criminal Act, the punishment provided for in Article 50 of the Criminal Act, Article 45(1) of the Political Funds Act (the fact of illegal acceptance of political funds, inclusive, the selection of fines), Article 129(1) of the Criminal Act (the fact of acceptance of bribe, inclusive, the fact of acceptance of bribe, the

1. A separate sentence for concurrent crimes;

Article 18(3) and 18(1)3 of the Public Official Election Act (the punishment on the crime of violating the Political Funds Act and the punishment on the crime of occupational embezzlement and the crime of acceptance of bribe shall be separately imposed)

1. Aggravation for concurrent crimes;

The former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (the crime of occupational embezzlement, and the crime of acceptance of bribe)

1. Discretionary mitigation;

Articles 53 and 55(1)3 and 55(1)6 of the Criminal Act (for each crime at the time of sale, consideration of favorable circumstances among the reasons for sentencing as follows)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Additional collection:

(a) Violating the Political Funds Act: Article 45 (3) of the Political Funds Act (18,834,662 won);

(b) The crime of acceptance of bribe: The latter part of Article 134 of the Criminal Act (the amount additionally collected: 29,613,137 won);

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant’s receipt of the instant corporate card from J and use from September 12, 2013 to June 4, 2014, as stated in Article 2-3(c) of the criminal facts in the judgment, is merely the Defendant’s receipt and use of the instant corporate card as an advisory fee or salary upon the change of his position from H’s president to H’s adviser. ② Use of the instant corporate card from September 6, 2014 to March 27, 2016, as described in paragraph (3) of the criminal facts in the judgment, is merely a use of the Defendant’s withdrawal from H’s adviser as a separate officer retirement allowance in addition to the statutory retirement allowance.

2. Determination on the violation of the Political Funds Act (Article 2 of the Criminal Act at the time of sale), and related legal principles

1) The purpose of the former Political Fund Act (amended by Act No. 14074, Mar. 3, 2016; hereinafter “political Fund Act”) is to contribute to the sound development of democratic politics by guaranteeing the adequate provision of political funds, ensuring the transparency of revenues and expenditures by disclosing the details of such revenues and expenditures, and preventing any malpractice related to political funds (Article 1). Accordingly, Article 45(1) of the Political Fund Act provides that a person who receives political funds (referring to a person who commits the relevant offense as a member in the case of a political party, supporters’ association, corporation, or any other organization) in a manner that is not prescribed by the same Act shall be punished. Here, “political funds” refers to party membership fees, support payments, deposits, subsidies, incidental income prescribed by the party constitution, etc., and other political activities, such as the party (including a Preparatory Committee for Central Party Formation), a person elected by an election for public office, a candidate for public election or a person who intends to become a candidate, a supporters’ association, executive member of a political party, or other person who is engaged in political activities.

2) The “political activities” under the above provisions of the Political Funds Act are abstract and comprehensive concepts, but its meaning is reasonable to be limited in accordance with the legislative intent of the Political Funds Act. As seen earlier, the Political Funds Act was established with the aim of guaranteeing the adequate supply of political funds to those who carry out the “political activities” to realize representative democracy in our Constitution, securing the transparency of revenues and expenditures, and preventing irregularities related to political funds. Accordingly, the Political Funds Act is not subject to the regulation of all those who engage in the political activities in general prior meaning, but is those who engage in activities in relation to the election of public officials for the realization of democracy in political parties or representative systems and who need to provide adequate funds for such activities.

Daejeon, which is subject to the regulation of the above definition clause, is a person who engages in political activities [the expression was changed to "person engaged in political activities" (Article 3 subparagraph 1 (g) as amended by Act No. 14074 of March 3, 2016) but it is reasonable to see that there is no change in its meaning in light of the reason for revision or the whole system of the above law]. Specifically listed individual cases are classified into "political party", "election for public office", "after the election of public officials", or "members of the political party". The common judgment guidelines that can be inferred by these specific examples are those related to "political party", "election", "election for public office", " supporters' association", and a person who directly performs activities related to the parties or persons who are regulated by the Political Parties Act, the Public Official Election Act, or the Political Fund Act", and therefore, a person who directly engages in such activities as "party members or persons engaged in volunteer activities" are limited to "party members or persons engaged in volunteer activities" in the same position as "party members or persons engaged directly in such activities.

Therefore, it is clear that “other persons engaged in political activities” refers to the cases where a person engaged in activities directly related to a political party, an election for public office, or a supporters’ association is deemed a political party, a political party, an election for public office, or an organization established for a supporters’ association (see, e.g., Constitutional Court en banc Order 2013Hun-Ba169, Jul. 24, 2014).

(b) Fact of recognition;

According to the evidence duly adopted and examined by this Court, the following facts are recognized.

1) On May 14, 2008, the Special-Purpose Corporation Dispute Resolution Co., Ltd. established to operate H business entered into a loan agreement with the Military Mutual-Aid Association on a road with a total of KRW 320 billion in order to raise funds for the purchase cost, design service cost, etc. necessary for H business (the increase in the amount of KRW 33,45 billion on December 23, 201), and established H on May 30, 2008 for the asset management, etc. of the LAB.

2) The Co-operation Bank H claimed expenses, such as personnel expenses and management expenses, to the Military Personnel Mutual-Aid Association, which is a lending institution, and received the said expenses from the Military Personnel Mutual-Aid Association. At the end of 2012, the said loans were fully insufficient and the financial status has deteriorated, such as preventing the payment of benefits to the employees of the Dispute Resolution Co-Aid Association.

3) On May 1, 2013, H had a corporate restructuring plan to recover H’s corporate cards paid to executive officers after reducing the wages of executive officers. Accordingly, six of the Defendant, the president of H, the president of the LA and six of the members of the L AA, W, X, X, Y, Z, etc., who were the president of the LAAH, was disposed of as of April 30, 2013, was disposed of as of May 1, 2013, and the benefits were significantly reduced.

4) Meanwhile, on May 13, 2013, AD, a member of the local constituency, retired from office as the Secretary General of the National Assembly on the same day, and BY reported an article stating that “AD National Assembly member, as of the same day, had the intent to go to an election in the I market for local elections in 2014 and was known to be prepared for it.” At that time, BZ and CA also reported an article stating that “AD National Assembly member is in preparation for an election going out in the market.” In addition, BZ conducted an interview with AD and a member of the I market election going out in June 29, 2013 as an election going out in the I market in 2014.

5) On May 2013, the Defendant, upon the recommendation of the AJ, entered into a policy team composed of AD to prepare for the withdrawal of the market at AD. At that time, AJ and AX existed in addition to the Defendant, but AJ was in the position of the head of the planning office since 2000. AJ was a person who led AD’s election campaign, such as the election of the head of the AD, election of National Assembly members, etc., and AX is an assistant officer of AD.

6) The Defendant drafted a document stating the 2014 International Market Election Policy Team Operation Plan (No. 2520, 2521 of the Investigation Record). The document consists of four items, such as ① objective, ② multidimensional access, ③ schedule, ④ Policy Team meetings, etc., and the major contents of each item are 1) future 20 years after each item are set up and prepared as a pledge to put the image on citizens as a market where specific action plans have been formulated and prepared. ② Organization and systematic development of the Policy Team, the formation of the Policy Team, the formation of the Policy Team, the systematic pledge development of the Election System, 3) formation of the Policy Team from April 2013 to June 2014, 2000: (i) organization of the Policy Team; (ii) development of the Policy Team; (iii) development of the Policy Team; (iv) development of the Policy Team from April 2013 to June 2014; (iii) expert participation; (iv) development of the Policy Team; (iv) development of the Policy Team meetings from 201 week.

7) From May 15, 2013 to BU, the Defendant received the bU from the policy team conference contents, minutes in e-mail, and the Defendant stated in the Kim Check that “the above brping content and minutes were referred to in election pledge and policy writing.”

8) 2013. 9.경 AD의 시장 선거를 위한 전략팀이 구성되었고, AX은 2013. 9. 11. 피고인, AJ, CB에게 '내일 오후 4시에 개의될 회의에서 나눌 안건입니다. 내일 뵙겠습 니다'라는 내용의 이메일을 전송하면서 파일을 첨부하였는데, 위 파일에는 「전략팀 제1 차 회의 안건(2013. 9. 12.)』이라는 제목 하에 'control tower 구성의 건, 공약 정리의 건, 2013년 하반기 대응전략 및 road map 작성의 건, 상대후보 대응방안마련의 건, 언론사 대응 방안의 건, 책자 발간의 건'이라는 내용의 문서가 저장되어 있었다.

19) On September 16, 2013, AX sent to the Defendant, AJ, and CB the first session report of the Strategy Team and the review of the National Assembly member of the National Assembly (AD). The time to transfer to the implementation of each member’s own role as a result of the review of the National Assembly member (AD). If AJ or the Defendant properly responded to AJ or the Defendant, I would have the e-mail that the second session of the Strategic Team was submitted by September 21, 2013, and attached the file. The file was accompanied by the e-mail that “I would make a report upon the submission of each member by September 21, 2013,” and that it was the first session of the Strategic Team (OD) and the first session report by the Strategic Team (OD) and the document that confirmed the status of the National Assembly member pursuant to the National Assembly member’s report by the National Assembly member (AD).

'IV.' of the 1st Meeting Report of the Strategy Team(2013 September 12, 2013), the title of the pledge arrangement is written as follows: 'The pledge arrangement' in the supervision of the defendant, 'the first meeting completion by September 30', and 'VI. 'VI. Track' is written as Two-Tk composition, 'the function of the head of the election countermeasure department, 'the function of the head of the strategic team leader' and 'the establishment of the office, 'the recruitment of working personnel' and 'the establishment of office'.

In accordance with the first conference report of the Strategy Team(2013 September 13, 2013), the first conference result of the Strategic Team was reported to AD and the first arrangement was completed by September 30, 2000, and the first arrangement was made by September 30, 200, and the following two items are particularly requested: first, the CD construction plan, second, the entry is written as the departure of CE, second, the entry is written as the ‘I' as the departure of CE, and â……………………………………â……………â………â…………â…………â…………âââ………âââ…………ââââââââ…………ââââââââ……………

10) Minutes - 1T016 BY UDA.PDF files, include the activities of policy teams from June 1, 2013 to June 10, 2013, strategic meetings, promotional meetings, trends in counter-party candidates, supply of articles and data to reporters.

11) On November 21, 2013, the Defendant received the draft pledge from BV by e-mail and continuously supplemented the pledge itself. On January 20, 2014, the Defendant’s computer confirmed the documents related to market election, including “AD’s vision and policy team activities” as of January 28, 2014, “BV’s vision and policy team activities” and “policy road map” as of January 29, 2014.

12) On February 2014, the Defendant served as the head of the policy headquarters at the election campaign of the candidate for the AD I market election, and AD was elected at the 6th local election campaign on June 4, 2014.

1) Whether the defendant constitutes a "person engaged in political activities"

The following facts and circumstances acknowledged by the provisions and relevant legal principles of the Political Funds Act, and evidence duly adopted and examined by this Court, i.e., 0 AD was elected as the market on June 2, 2014. At the time of the instant case, it is apparent that the Defendant constitutes the “person who wishes to be a candidate for the election of public officials.” ii) the Defendant was affiliated with a policy team for preparing AD’s election before the AJ around May 4, 2013 in charge of the operation of the policy team, attendance of the strategic team, election pledge, and policy adjustment at the market election until June 4, 2014, and the Defendant appears to have been present at the first meeting of the strategic team on September 12, 2013, and the period from 13.0 to 4.0% on the election day to 20% on the election day, and the Defendant appears to have been directly related to AD’s election.

2) Whether the provision was made for political activities

In full view of the following facts and circumstances acknowledged by the provisions of the Political Funds Act, relevant legal principles, recognition facts, and the evidence duly adopted and investigated by this Court, it is reasonable to deem that the Defendant was provided with political funds in a manner that is not set forth in the Political Funds Act for political activities by obtaining the instant corporate card from the Bank of Korea and the J which actually operates the Bank of Korea and used it as stated in the attached Table 1 (Violation of the Political Funds Act) and allowing J to pay monthly the use of the instant corporate card.

A) From October 2009, the Defendant used H’s corporate card (AU or AB; hereinafter “existing corporate card”) as a standing adviser and president of H from around October 2009. On May 2013, the president of the L in charge of the dispute resolution has changed his position as H’s adviser, and returned the existing corporate card to the K in charge of the dispute resolution, and on May 2013, the Defendant returned the existing corporate card to the K in charge of the dispute resolution.

Police Officers issued the instant corporate card under the name of J.

B) However, as seen earlier, ① The Dispute Resolution Co., Ltd. has deteriorated its financial position and conducted restructuring such as reducing the corporate fees of executive officers and recovering the corporate cards of executive officers around May 2013. Accordingly, the Defendant also changed its position and the payment of benefits has been reduced and the Defendant has been returned to the existing corporate car d. ② The AI, working at the Accounting Team of the Dispute Resolution Co., Ltd., stated in this court as follows: “I, after May 2013, most executive officers of H do not possess the corporate card”; ③ at the same time as the Defendant, the number of members of the Dispute Resolution Co., Ltd., changed their positions from the Dispute Resolution Co., Ltd to the management adviser’s adviser’s adviser’s adviser’s adviser’s adviser’s adviser’s adviser’s adviser’s adviser’s adviser’s restructuring; and thereafter, according to the credit card use of the said Credit Card, it appears to have been returned to the Defendant’s new corporate card from the existing company under the circumstances of this case.

C) An AI submitted to the prosecution the current status of the payment of wages of H and the details of the credit card use by H. The current status of the LAB’s payment of the LAB after May 2013, stating that H’s payment of advisory fees of KRW 2,00,000 per month is paid to “Defendant”. However, H’s use of the card is merely written “the actual user of the instant corporate card,” i.e., the J.

D) Meanwhile, in light of the fact that the existing corporate card which was used by the Defendant and returned to H among the H’s card use details is written as “A president or “the president (the president)”, and that AI’s entry as “the president” in this court is a corporate card which has been clearly brought by J, and that it is indicated as “(the president)”, which would bring about by J, and that the actual user would have brought about a “the president,” and that the corporate card which was written as “the president,” has been used by the president.” In light of the fact that the accounting team of H in the KU, it appears that the actual user of the instant corporate card, not the Defendant, was aware of the actual user of the instant corporate card.

E) In the first witness investigation by the prosecution, the J stated as follows: “The first witness of the prosecution conducted a restructuring of H on May 2013, thereby reducing the wages of senior executives by 50%, and recovered the corporate card paid to the executives, and Defendant, Y, etc. immediately after May 2013, the payment of KRW 200,000 per month to Defendant, Y, etc. was made to Defendant, Y, etc. is because they give up money under the pretext of advisory fees when the officers retire. The reason for the Defendant’s withdrawal was that a member of the AD National Assembly enters the election campaign to leave the market election, and that the Defendant used the card as it was called to use the card with the reporters.”

The J stated to the effect that, in the third examination of the suspect against the accused at the Prosecutor’s Office, the Defendant was sworn with the Defendant, and that, “at the time of the Defendant’s withdrawal on May 2013, it would be memoryed to the AD National Assembly member’s election campaign at the time of the Defendant’s withdrawal, and that, at the AD election campaign, the Defendant would replace the corporate card with those of the reporters and meals.”

The J stated in this Court that "the defendant only left the company with the view to the election campaign to prepare for the call of AD National Assembly members, and changed the card to AD advisory position on the ground that it is between the election campaign and the election campaign. The defendant stated that "It was a lot of time for the defendant to live in the election campaign, and it was a corporate card with the use of the card."

As above, the J stated to the effect that the Defendant was consistently employed by the investigative agency to take part in the election campaign of a member of the National Assembly and issued the pertinent corporate card to the Defendant, on the ground that the Defendant was in accordance with the election campaign of a member of the National Assembly. In light of the fact that the J cannot find any motive for the Defendant to make a false statement unfavorable to the Defendant even if he was under his punishment even if he was punished, the above statement made by the J constitutes credibility. In addition, the J was indicted for the violation of the Political Funds Act as seen above by the Busan District Court Decision 2017Rahap104, and the Defendant led to the confession of the crime of violating the Political Funds Act during the 6th trial of the instant case.

F) Meanwhile, the Defendant received advisory fees of KRW 2 million per month and the instant corporate card for reasonable consideration as H’s adviser, and in particular, asserts that the instant corporate card was given to the Defendant due to the importance of the Defendant’s duties in charge, the preservation nature of reduced benefits, etc., and that it was not provided for political activities.

According to the evidence duly adopted and examined by this court, the defendant is found to have performed the H business affairs, such as negotiations with CF, CG, etc., even after his position has been changed from the president of the KA to the adviser.

However, the following facts and circumstances acknowledged by the above facts and evidence as follows, i.e., one defendant did not receive advisory fees from H around August 2014, but rather did not return the corporate card to H, and the defendant argued that he used the corporate card of this case for about one year and six months since H retired from H, but the defendant used the corporate card of this case as an executive retirement consolation benefits after he retired from H, but it does not appear that the defendant used the corporate card of this case under the name of the executive retirement consolation benefits under the name of 0th of the following 3.c. 4). If the defendant's business was important to use the corporate card of this case, it seems that the defendant continued to use the existing corporate card of this case which was already used by H, and the defendant would not have received new corporate card of this case in return of the existing corporate card of this case, and the defendant would not have received the corporate card of this case from 0th of Seoul to 0th of March to use it as the advisory committee of this case.

G) The Defendant asserts that the instant corporate card was not used for AD’s market election activities, and thus, the instant corporate card was not provided for political activities. However, the Defendant’s assertion is difficult to accept since the receipt of political funds by means not prescribed in the Political Funds Act and the crime of receiving and receiving political funds was completed, which led to the completion of the crime of receiving and receiving political funds, since whether the contributor actually used the funds for political activities does not affect the establishment of the crime (see, e.g., Supreme Court Decisions 2006Do2612, Mar. 12, 2009; 2010Do17886, Jun. 9, 2011).

3. The judgment on the crime of acceptance of bribe (Article 3 of the Criminal Act in the market)

(a) Relevant legal principles;

1) The term “duty” in the crime of bribery includes not only a public official’s duty under the control of law, but also a public official’s act closely related to his/her duty, or a duty under the custom or actual jurisdiction, and a duty that may assist or influence a person with decision-making authority (see, e.g., Supreme Court Decision 2010Do17797, Mar. 24, 201). In addition, the term “duty” in the crime of bribery includes not only a duty prescribed by the law, but also a duty related thereto, a duty related thereto, a duty in the past, or a duty that a public official does not actually take according to the division of duties in addition to a duty he/she takes charge of or is to take in the future (see, e.g., Supreme Court Decision 2003Do1060, Jun. 13, 200)

2) Bribery is the legal interest of the public official’s process of performing his/her duties and the trust in society. As such, the crime of acceptance of bribe is established when the acceptance of money is in a quid pro quo relationship, and there is no need to consider the existence of a solicitation and the quid pro quo relationship, and there is no need to specify an act of performance of his/her duties (see, e.g., Supreme Court Decision 97Do2609, Dec. 26, 1997). Furthermore, if a certain benefit obtained by a public official is an unreasonable benefit in a quid pro quo relationship, whether the benefit constitutes a bribe should be determined in consideration of all the circumstances, such as the contents of the relevant public official’s duties, the relationship between the provider and the provider of the benefit, the degree of the benefit and the timing of the receipt of the benefit, and the relationship between the public official’s duty and the public official’s acceptance of the benefit with the public official’s duty and the purchase of the benefit is clearly doubtful from the public official’s acceptance of the benefit (see, 30. 197.1).

3) In cases where the nature of the consideration for a public official’s act of duties and a case concerning an act other than duties are indivisible, the entire consideration has the nature of consideration for an act of duties (see Supreme Court Decision 2012Do16277, Apr. 11, 2013).

(b) Fact of recognition;

According to the evidence duly adopted and examined by this Court, the following facts are recognized.

1) The Defendant was appointed as a special economic weather report on September 5, 2014. The special economic weather report of the I market was made to a position newly established after the appointment of the ID I market. The I market is directly bound by the I market, manages the affairs related to the overall economy of the Si while assisting the market in the I market, participate in meetings such as extended meetings, policy meetings, etc., and consult on the I market's economic policy.

2) The Defendant, as a special economic report of the market, attended the meeting of the pledge consultation evaluation group on 88 projects related to the election pledge of the ADI market and consulted on the practice and implementation of election pledge, and presented opinions on the coordination of various budget bills related to the economy of the Si.

3) Meanwhile, H project included H project in the Si’s primary implementation project, which was reported to the Si Council around January 2014, 2014, in the major business plan of 2014.

4) Around April 2012, H requested the Si to designate the rest portion of H’s H’s business as a zone for real estate investment interest (No. 1), and on April 19, 2013, the Si recommended the Ministry of Justice to designate the rest portion of H’s business as a zone for real estate investment interest as a zone for real estate investment interest. After the Ministry of Justice’s on-site visit, etc., H’s H business was designated as a zone for real estate investment interest as a zone for real estate investment interest. On April 8, 2016, after the Ministry of Justice and the Ministry of Justice and the Si Council, etc., on May 31, 2016, the period for investment interest in real estate was extended, and the amount of investment in real estate was reduced from KRW 700 million to KRW 500 million to KRW 500 million.

5) On July 29, 2015, the I market announced 'the first supply of housing units, which is a preferential supply system for local residents,' and excluded the BS special tourist zone where H business location is located from the applicable area. From October 2015, the sale of apartment units to 882 households among H business was conducted on and around July 2016.

6) [The Si approved the construction plan of the LAB on March 24, 201, on condition that it shall be extended at the Si’s expense near H place of business, and on August 8, 2016, the 11.4 billion won and the 3. billion won increased from 11.4 billion won to 1.4 billion won. (In full view of the following facts and circumstances acknowledged by the relevant legal principles and evidence duly adopted and duly examined by this court (such as occupational relation and bribery), the Defendant received the corporate card of this case from J in relation to his official duties and used it as stated in attached Form 2 (Bribery) and the Defendant was aware of it at least at least, in the process.

(i)general business relationship between market severe economic weather alerts and H projects;

In light of the relationship between H and I, as seen earlier, the J may be deemed as a person who promotes H business while operating the K in fact the K in fact the L and the K in charge of the L and the K in charge of the L and the K in fact, who supports the market and is subject to the duties of severe economic weather alerts with comprehensive authority over economic policies at the time.

2) The court’s credibility of the J’s statement was examined by the prosecution as a witness two times in the case of acceptance of bribe against the Defendant, etc. at the prosecution, and made a statement in comparison with the Defendant in the third prosecution examination against the Defendant.

A) On January 4, 2017, J withdrawn from the first witness examination by the Prosecutor’s Office on May 2013. After May 2013, 2013, the fact that the payment of the monthly salary of KRW 2 million to Defendant, Y, etc. is due to the fact that the officer retires, he may give money as an advisory fee, and make one another do so once. The market severe weather alert is likely to affect H business. In order for the Defendant to make a severe weather alert, there are many reporters, and the Defendant continued to use the corporate card to use the corporate card. The Defendant paid the amount of the instant corporate card to H during the period of economic severe weather alert from around 2016 to around 31, 2016 to the end that the period of use of the instant corporate card was extended.

B) On January 5, 2017, J stated that " around July 2014, the defendant was replaced with the defendant in the third interrogation of the defendant, and that " around July 2014, the amount of KRW 30,000 to KRW 40 million should not be used as the corporate card of this case, and that such remarks should not be memoryd. It was known that the internal investigation of the prosecution started, and that "the defendant was recovered from A". The second witness investigation of the prosecutor's office that "the defendant should receive advisory fees because of economic severe weather alerts." Accordingly, the corporate card continued to be used for the defendant. The officer's retirement allowances refer to the amount of KRW 2,00,000 for each month, which should be paid from the prosecutor's office of Busan, which should be paid from the prosecutor's office of Busan, which should be the amount of advisory fees of KRW 30,000,000,000 for each month.

D) The J stated in this court that the above statement was made by the Defendant in the examination on the process of issuing the instant corporate card. However, around May 2013, 2013, the J stated that the Defendant was the president of H and paid advisory fees and the instant corporate card to the Defendant, and that the Defendant would not be able to say that the payment of the instant corporate card under the name of retirement allowance after the economic severe weather alert was issued. In addition, the J stated that “the Defendant was returned from the Defendant for the reason of returning the instant corporate card from the Defendant in this court, and that the Defendant was not able to say that it was not able to say that it was appropriate to receive the instant corporate card from the Defendant. This statement was made at the Prosecutor’s office, but it was the same as the Defendant stated in the report on the situation as at the time.”

E) As above, in the prosecution consistent and relatively concrete statement that corresponds to this part of the facts charged, the J made a statement in this court with the attitude of having no choice but to reverse part of the statement or his memory in this court. Then, the case was examined: (i) the J clearly stated in this court that “the aforementioned statement is sufficient to be made in the prosecutor’s office”; (ii) the J was indicted for the crime of offering of a bribe as seen above by the Busan District Court 2017 High Court and 104, and led to the confession as to the crime of offering of a bribe as seen above during the 6th trial of the instant case; (iii) the facts charged of the crime of offering of a bribe correspond to the above prosecutor’s statement by the J; and (iv) the J did not have any motive for the Defendant to make a false statement to the disadvantage of the Defendant even when she is punished; and (iv) according to the allegations

In light of the fact that there is no possibility that part of the statement in order to harm the defendant's favorable statement or that there is no possibility that the above statement in the court of Justice would not be memory, it is difficult to judge that the above statement in the court of Justice is more valuable than the prosecutor's statement in the court of Justice.

3) As seen earlier, the suspicion of the fairness in the performance of duties from the general public of society is that the special economic weather report of class V in extraordinary civil service is a public official of class V in extraordinary civil service who is treated as the deputy head of the Si with the comprehensive authority over the economic policy of the city and that J promoting H projects is subject to its duties. In full view of the above status and authority of the International Market Severe Alerts and the developments leading up to the issuance of the instant corporate card to the Defendant by J in addition to the interests of J at the time, etc., although the Defendant was working for a considerable period of time in the KB, it is sufficient to doubt the fairness in the performance of duties by the Defendant, even if the Defendant was dismissed from H’s advisory position and was appointed as the market severe weather report, without returning the instant corporate card received from J for a considerable period of time, and accepting profits equivalent to the total amount of KRW 29,613,137 by using the instant corporate card for about one year and six months after being employed as the market severe weather report.

4) Determination on the defendant's individual assertion

A) The defendant asserts that "the defendant was dismissed from the adviser of H, and only used the corporate card of this case under the name of officer retirement consolation money, and therefore did not have any awareness of business relationship or bribery to the defendant."

According to the evidence duly adopted and examined by this court, the defendant is recognized as having performed duties related to H business, such as negotiating several times with CF, CG, etc. even after his position has been changed to the adviser of the LAB, from October 2009 to May 2013, 2013.

However, the above facts and the evidence revealed as follows: ① the defendant retires from the president of the KMH to the position of the KMH on April 30, 2013, and received retirement allowance of 2,673,970 won from the KMH’s adviser on August 31, 2014 (2) the defendant paid retirement allowance of 2,673,970 won in the form of his retirement allowance (256,257 pages of the investigation record). ② The articles of incorporation, retirement allowance rules, and rules of employment do not include any provision on retirement allowance for officers, and (3) the defendant paid retirement allowance from the KM to the KM’s office for a considerable period of time from 0 to 200 to 200 to 30 to 20 to 30 to 20 to 20 to 30 to 20 to 30 to 20 to 30 to 20 to 20 to .

Even if the defendant used the corporate card of this case, as long as the duty relationship of the defendant is recognized, the duty relationship of the whole amount of the corporate card of this case shall be recognized by combining it with each other inseparably as long as the duty relationship of the defendant is recognized.

B) The Defendant asserted that “J used KRW 30 million to use the instant corporate card from KRW 40 million to March 2016, and around that time, the Defendant returned the instant corporate card to J with the words that it is difficult to carry out the financial resources of H in turn.”

① However, from September 5, 2014 to March 27, 2016, Defendant’s monthly use of the instant corporate card is no longer than KRW 380,90 to KRW 4,115,50,00; ② Defendant applied for adjudication of bankruptcy with L to Busan District Court on July 21, 2014, but was taken on September 3, 2014, before Defendant’s use of the instant corporate card, it seems that the financial resources of H or LBC had been considerably difficult before Defendant returned the instant corporate card; ③ In light of the fact that, before Defendant returned the instant corporate card, it is difficult to view that there was no circumstance to view that there was more difficulty in the H or LBC’s financial resources from the date of returning the instant corporate card to March 27, 2016, Defendant’s submission of the instant corporate card to the Busan District Court for sale at the Busan District Court’s office as it was difficult to accept the Defendant’s oral purchase at the Busan High Court’s office’s 281.

Reasons for sentencing

1. The scope of punishment by law;

(a) Business embezzlement and crime of acceptance of bribe: Imprisonment with prison labor for not more than three years and nine months, and fines not less than 29,613, 137 won, but not more than 74,032,842 won;

(b) Offenses of the Political Funds Act: Not more than five million won;

2. Scope of recommendations according to the sentencing criteria;

(a) Occupational embezzlement and crime of acceptance of bribe 1 (occupational embezzlement);

【Scope of Recommendation】

Type 2 (not less than KRW 100 but less than KRW 500,00) Basic Area (one year to three years)

Second Crime (Bribery)

[Scope of Recommendation] Type 2 (at least 10 million won but less than 30 million won) basic area (at least 1-3 years) of acceptance of bribe

* The scope of final sentence due to the aggravation of multiple offenses: one year to four years.

(b) Violations of the Political Funds Act: Setting of sentencing criteria not;

3. Determination of sentence 0: ① The crime of occupational embezzlement in this case is that the Defendant embezzled the service cost of KRW 110 million between the U.S. Co., Ltd. and the victim Co., Ltd., which he/she operates, from KRW 30 million to KRW 140 million, and embezzled the service cost of KRW 100 million in consideration of the content and method of the crime, the amount of damage, etc., and the degree of the Defendant’s participation in the crime of occupational embezzlement is not less than the degree of the Defendant’s involvement in the crime of occupational embezzlement, but not less than the victim’s participation in the crime of violation of the Political Funds Act. ② The crime of violation of the Political Funds Act in this case is deemed to have been committed by the Defendant with H’s corporate card obtained from J in connection with his/her political activities for about nine months, and is not less than the period and amount for the crime of using KRW 18,834,62 in total for about nine months, while securing transparency of political funds and preventing any malpractice related to political funds, thereby damaging the political decision-making of the Defendant’s.

The circumstances favorable to ○: (a) the Defendant is the primary offender; (b) the Defendant recognizes the crime of occupational embezzlement and reflects this part of the crime; and (c) the Defendant appears to have failed to consume most profits from the crime of occupational embezzlement.

Judges and judges of the presiding judge;

Judges Park Jong-jin

Judges Lee Jin

1) Real estate investment immigration scheme is a body with a certain amount of real estate located in the Republic of Korea to foreigners and for not less than five years.

In the case of Chapter, it is the policy of inducing foreign investment that permits permanent residence.