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(영문) 대전지방법원 천안지원 2019.01.16 2018고합83
수뢰후부정처사등
Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A was registered as a candidate for the D market of a political party on May 16, 2014 with respect to the 6th nationwide provincial elections implemented on June 4, 2014.

No one shall contribute or receive any political fund by means other than those provided for in the Political Funds Act.

Nevertheless, around May 19, 2014, the Defendant directly received from “F” restaurants in E, as political funds, a paper room containing KRW 20 million in cash as political funds.

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

2. No defendant B shall contribute or receive any contribution of any political fund that is not provided by the Political Funds Act;

Nevertheless, around May 19, 2014, the Defendant issued a paper bank consisting of KRW 20 million for political funds to A, who was going to work as a candidate for the D market of a party C to run an election campaign for the 6th nationwide local election implemented on June 4, 2014.

Accordingly, the defendant contributed political funds in a way that is not stipulated in the Political Funds Act.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of witness B and G;

1. The protocol of statement made by the prosecution with H contains some statements;

1. Investigation report (personal information confirmation, such as election, accountant in charge, etc. of a suspect A);

1. Responses to requests for cooperation with investigation;

1. The application of Acts and subordinate statutes, such as public announcement of registration of supporters' associations, and copies of election-related persons;

1. Relevant Article 45 (1) of the Political Funds Act and the selection of fines for the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant A: (a) the latter part of Article 45(3) of the Political Funds Act and Article 45(1) thereof were returned by Defendant A to Defendant B on June 15, 2014; (b) however, it cannot be deemed as the return of the money and valuables received as follows.

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