Main Issues

The case holding that a contribution act belongs to a courtesy act under Article 72 (4) of the Election of National Assembly Members Act (Law No. 2241)

Summary of Judgment

Even if a member contributed 10,000 won to the inaugural general meeting of a young men's association consisting of 48 members on February 19, 1971, the act of contribution is only a "ordinary" as provided in Article 72 (4) of the Election of National Assembly Members Act.

[Reference Provisions]

Article 77 of the National Assembly Members Act

Escopics

Defendant

Appellant. An appellant

Prosecutor

Judgment of the lower court

Busan District Court Msan Branch Court Decision 71 Ma104 decided Feb. 1, 191

Text

The appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the defendant did not make a contribution as a candidate's punishment, but as a result, the defendant conspireds with a candidate to make a contribution, and the contribution act cannot be deemed to be a courtesy in the manner or subject of the amount. On the other hand, according to the defendant's statement in the court below, it can be acknowledged that the defendant made a contribution of KRW 50,00 as in the facts charged, in accordance with the defendant's statement in the court below. However, as the court below recognized lawful, it is obvious that the non-indicted who is the defendant at the time of the above contribution act is not a candidate as provided in Article 72 (2) of the Election of National Assembly Members Act, and it is evident that the non-indicted who is the defendant at the time of the above contribution act is not a candidate as provided in Article 72 (2) of the Election of National Assembly Members Act, and even if the above facts are acknowledged, the court below did not err by misapprehending the legal principles or misunderstanding the above facts.