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(영문) 창원지방법원 2014.01.06 2011고단2788 (1)

정치자금법위반

Text

1. Defendant CJ shall be punished by a fine of 300,000 won, Defendant CH and CI by a fine of 200,000 won, respectively.

2. The defendants are above.

Reasons

Punishment of the crime

No teacher of a national or public school who is a State public official shall support any specific political party or political organization with money or material for political purposes, whatever the pretext it is.

In addition, since anyone is prohibited from contributing political funds by means that are not stipulated in the Political Funds Act, anyone who is not allowed to become a member of a political party, such as public official teachers, etc., shall not contribute political funds to any political party, and in particular, from March 13, 2006, anyone is prohibited from contributing political funds directly to any political party including the form of abolition of a political party supporters' association

1. Defendant CH (201st order 2809) was appointed as a teacher of a private school on March 1, 1988, and then is in office as a teacher of a CK middle school who is a private school.

The Defendant, before July 26, 2006, applied for “the automatic payment through the CR transfer method” to a AF political party and applied for “the automatic payment” before the Defendant around July 26, 2006, via the CMS transfer method, via the Defendant’s national bank account via the financial settlement center located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the payment of KRW 10,000 from the Defendant’s national bank account to the AF political party account opened in Yeongdeungpo-gu, Seoul. However, the Defendant’s written indictment for the payment of KRW 10,00 from the Defendant’s national bank account to the AF party account, but the evidence submitted by the Prosecutor alone is insufficient to recognize that the amount the Defendant transferred to the AF

On the other hand, the establishment of the crime of violating the Political Funds Act depends on whether the above amount was donated by means not stipulated in the Political Funds Act, and the conclusion does not vary depending on whether the nature of the amount is party membership fee, and even if the defendant asserts the above amount as a support fund and recognized it as a "support fund" in this case, it is judged that there is no substantial disadvantage to the defendant's exercise of his right to defense.

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