정치자금법위반등
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The summary of the grounds for appeal is that the Defendant’s mistake of the fact that the Defendant received KRW 250 million from the Z was borrowed by entering into an agreement with the Z, and the Defendant did not receive KRW 100 million out of the above money as the special party membership fee related to the proportional representation of the Do Council members in Gyeonggi-do.
Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case on the basis of the statements of Z, etc. that lack credibility, is erroneous.
misunderstanding the legal principles, even if the Defendant received KRW 100 million from Z under the pretext of special party membership fees related to Z, the Defendant did not constitute a person engaging in political activities under the Political Funds Act at the time of receiving the above money, and the KRW 100 million in this case cannot be regarded as political funds because it was not the money provided for the Defendant’s political activities, and the Defendant did not have any intention to receive the KRW 100 million in his own intent to use it for his own purpose, and the Defendant did not have any intention to constitute political funds. The crime of violating the Political Funds Act is not established separately in the relationship between the violation of Articles 230(6) and 47-2(1) of the Public Official Election Act and the violation of the law.
Considering that political funds are received by deception, only fraud is established in the event of receiving political funds, and the crime of violating the Political Fund Act is not established separately, the charge of violating the Political Fund Act among the facts charged in the instant case shall
Nevertheless, the judgment of the court below that convicted all the facts charged of this case is erroneous in the misapprehension of legal principles.
The sentencing of the court below (one year of imprisonment, additional collection KRW 100 million) is too unreasonable.
The above sentencing of the court below by the public prosecutor is too unfortunate and unfair.
Judgment
The summary of the facts charged in the instant case is as follows: (a) the Defendant, in 2012, is serving as a severe weather alert of U prior to the election of a candidate for the presidential election of a political party to S., (b) is appointed as the vice-chairperson of S Party Gyeonggi-do Party branch around October 2013, and (c) is appointed as a candidate for S Party U on March 2014.