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(영문) 서울북부지방법원 2017.06.29 2016고단2061
정치자금법위반등
Text

Defendant

A Punishment A 1-A 4 months of imprisonment for a crime, and Section 1-b. and Section 2 of the crime.

Reasons

Punishment of the crime

Defendant

A served as a member of the National Assembly of 14th National Assembly (from March 8, 1996 to May 29, 1996; J Party, proportional representation); 16th National Assembly (from February 10, 2003 to May 29, 2004; K Party, proportional representation); and 18th National Assembly members (from May 30 to March 14, 2012; K Party, and L constituency).

Defendant

A on May 4, 2011, the Seoul Northern District Court was sentenced to a fine of KRW 7 million for a violation of the Political Fund Act, and the judgment became final and conclusive on March 15, 2012.

Defendant

A retired from the 18th National Assembly member pursuant to Article 57 of Political Fund Act (Act No. 11376), and was not eligible to take office or be appointed as a member of the National Assembly until March 14, 2017. On January 29, 2013, A acquired a candidate for a member of the National Assembly with special amnesty and registered as a preliminary candidate for a member of the 20th National Assembly in the election of the 20th National Assembly member.

Defendant

B served as an assistant to Grade IV National Assembly at the time when Defendant A served as the 14th and 16th National Assembly member, and Defendant C served as an assistant to Grade IV National Assembly at the time when Defendant A served as the 18th National Assembly member.

1. Defendant A

(a) It shall not receive political funds from assistants in such a way that it is not prescribed by the Act on Political Funds received from illegal political funds;

In order to raise funds necessary for political activities, such as the operation of local constituency offices, the defendant was partially refunded the assistant's benefits and bonuses to the National Assembly members' office registered as regular staff in the Secretariat of the National Assembly.

(1) The Defendant received political funds from C (Grade IV) on June 24, 2008, at the office of the Defendant’s supporters’ association located in the fourth floor of Seoul NN building, and from the fourth assistant C’s office, the Defendant returned KRW 2,391,080, out of the salaries received from the Secretariat of the National Assembly, in cash and used for the Defendant’s political activities. From that time, from March 30, 2012, the Defendant was returned to C in cash as shown in attached Table 1(C) of the inundation of Crimes from March 30, 2012, or used by the Defendant in the name of a tea.

C The national bank account (O) of C.

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