정치자금법위반
[Defendant B, C, E, G, H, I, L,O, P, Q]
1. The part of the judgment below's conviction against the above Defendants is acquitted.
1. Summary of grounds for appeal;
A. Defendants 1) The facts charged that “the defendants paid party membership fees as party members,” and the facts charged that the court below convicted of the defendants, “the defendants paid support payments,” are likely to cause disadvantages to the defendants’ exercise of their rights to defense. Thus, the court below’s finding of facts constituting a crime different from the facts charged without any changes in indictment is unlawful by deviating from the necessity or limitation of the amendment in indictment.
B) Of the facts charged in the instant case, the Defendants’ violation of the State Public Officials Act, the violation of the Local Public Officials Act, and the violation of the Political Funds Act consisted of commission charges, but the Cms transfer of party membership fees is unilaterally made by means of transmitting EB21 files to the Financial Settlement Agency without the Defendants’ act, and the Defendants’ act did not exist, but it is unlawful for the lower court to recognize the Defendants as a crime of omission without any amendment to the indictment. (C) In so long as the lower court’s decision that found the Defendants guilty of the fact that the Defendants transferred money under the name of support payments ex officio without any amendment to the indictment is unlawful, it should be examined whether the facts charged that the Defendants transferred money under the name of support payments are recognized. The facts charged that the Defendants paid party membership
2. The facts charged as to the violation of the misapprehension of the legal principles as to the dismissal decision of public prosecution is that the Defendants paid party membership fees as the members of U.S. political party. The Defendants’ act of paying party membership fees in the position of party members constitutes “the method of contribution of political funds provided for in the Political Funds Act” and thus, there is no room to establish a violation of the Political Funds Act separately from the crime of violating