2017Gohap645 Violation of the Political Funds Act

1. A;

2. B

The usage deadline (prosecution) and Kim Jong-ray (Trial)

Law Firm C (For Defendant A)

Attorney D, E, F, G, H

Law Firm I (for Defendant B)

Attorney J, K-K

December 6, 2017

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of the above fines of KRW 100,000 was converted into one day, the Defendants shall be confined in the workhouse. The amount of KRW 1,00,000 shall be collected from Defendant B.

To order the Defendants to pay an amount of money equivalent to the above fine.

Criminal facts

Defendant A and Defendant B were members of the Si Party elected as the foundation of the 7th City City Council in the 6th local election conducted on June 4, 2014, and are elected public officials in charge of the enactment, amendment, and repeal of municipal ordinances, deliberation and determination of budget, approval of settlement of accounts, and inspection and investigation of administrative affairs. Defendant A was a candidate of the Standing Committee Chairperson at the time of the 6th City Urban Planning Committee at the time.

1. Defendant A

On June 20, 2016, the Defendant: (a) within the second floor B clinic of L City, N, B, as the chairman of the Standing Committee of the Standing Committee of the next half-year Urban Planning Committee, the Defendant considered that “the Defendant used the money bags containing one million won in cash with the Dong members” in order to assist B, and contributed the political funds in a way that does not specify the Political Funds Act in the Political Fund Act by drying the garbage bags containing one million won in cash.

2. Defendant B

The Defendant, like paragraph (1) around June 20, 2016, received a contribution of political funds from A in a way that does not provide for the Political Funds Act, using a bag of money of one million won in cash as a activity expense for the election of the chairman of the Standing Committee of the Urban Planning Committee at the later half-year Urban Planning Committee, as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police interrogation protocol against the Defendants

1. Application of the law to the defendant B of the protocol of interrogation of the police suspect (the second time)

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

Article 45(1) of the Political Funds Act (Selection of Fine)

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Additional collection:

Defendant B: The latter part of Article 45(3) of the Political Funds Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judges Choi Ho-ok