정치자금법위반등
The judgment of the court below is reversed.
Defendant
A 80,000 won or more shall be sentenced to a fine for a violation of the Political Parties Act.
1. According to the summary of the grounds for appeal (misunderstanding of facts or misunderstanding of the legal principles), the evidence submitted by the Prosecutor, as shown in each of the facts charged in the instant case, Defendant A guilty of committing a violation of the Political Parties Act and Political Funds Act, and Defendant B and C committed a violation of the Political Funds Act.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the instant facts charged was from 16th to 18th National Assembly members, and Defendant A was on April 11, 2012.
The 19th line was fallen from April 200 to March 2014, while serving as the Chairperson of the Gu Regional Committee of H Political Party I from May 2012 to April 4, 2013, while serving as the Chairperson of the H Political Party J Party J from May 2012 to April 2013.
The 6th simultaneous local elections is a person who was responsible for the preliminary candidate qualification examination committee for K Party J Party J Party in relation to the simultaneous local elections.
Defendant
C On June 2, 2010, a person operating M Co., Ltd and N Co., Ltd. L was elected as a member of the Council of the City of P constituency Q. at the simultaneous local elections of the Republic of Korea on June 5, 2010, and was elected as a member of Q City Council for four years. On June 4, 2014, a person was selected as a member of K political party for the R constituency Do council at the 6th simultaneous local elections of the Republic of Korea, and a person was selected as a member of the H party, and Defendant B was a head of Defendant A as a member of the H party.
1. Defendant A
A. A person who violates the Political Parties Act is unable to establish an office of a local committee, etc. for the operation of subordinate organizations of a City/Do party, but the defendant was an assistant to the I Gu local committee.
In collusion with S, on April 11, 2012, when the office of the National Assembly member in the local constituency is closed due to the defeat in the election of the 19th National Assembly member on April 11, 2012, and the situation where the office of the I regional committee is to be newly prepared, it is from the same kind B around May 201 through S, an assistant.