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(영문) 대구고등법원 2014.09.22 2014노47

정치자금법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (guilty part of the judgment of the court below) that the Defendant received funds from individual members belonging to the Korea Local Headquarters D Headquarters in the Railroad Labor Relations and D Headquarters. However, all of the above members join the National Party Constitution as “after-party members” and contributed KRW 100,000 to the party membership fee, and this constitutes a party member’s payment of party membership fee, and thus, it cannot be deemed as a number of political funds not provided for in the Political Funds Act.

B) Even if the Defendant cannot be viewed as a party member under the Political Fund Act, the Defendant merely delivered the support fund according to the intent of individual union members to the Democratic Labor Party, and thus, cannot be deemed as the number of political funds not specified in the Political Funds Act. C) The Defendant thought that individual union members thought to legally contribute party membership fees as a member of the Democratic Labor Party, and received funds, and thus the Defendant did not have any intention to violate Article 45(1) of the Political Funds Act, or is not liable for errors with justifiable grounds.

2) The lower court’s sentence of unreasonable sentencing (fine 900,000 won) is too unreasonable and unfair. B. Prosecutor 1) misunderstanding of facts, misunderstanding of legal principles (not guilty part of the lower judgment), and the instant funds raised from the members belonging to the members of the Korea Local Headquarters under the Korea Local Headquarters under the Korea Local Headquarters under the Korea Local Headquarters under the circumstances that the labor union and labor union actively and actively participated in the raising and raising of contribution funds, thereby constituting “funds related to the “organization” under Article 3

2 The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

Judgment

A. The Defendant asserted the same purport as the grounds for appeal in the lower court on the Defendant’s assertion of mistake of facts and misapprehension of legal principles. The lower court rejected this part of the allegation by stating in detail the decision on the “judgment on the Defendant’s and the defense counsel’s assertion” under Article 2 of the “judgment on the Defendant’s and the defense counsel’s argument

The court below held.