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(영문) 서울고등법원 2018.07.06 2017노3530

정치자금법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) The receipt and disbursement of political funds and the omission of accounting reports other than the deposit account on which a report is filed (the misunderstanding of facts and the misunderstanding of legal principles)

B. and (c) At the investigative agency and the court of original instance, Defendant A conspired with Defendant B to return part of the facts charged in the instant case’s benefits to the assistant employee and disbursed as political funds. However, Defendant B did not instruct Defendant B with regard to the omission of political funds revenue and expenditure and accounting report other than the deposit account reported otherwise, and did not know it.

Only the statement was made and there was no confession of the above part of the crime in collusion with Defendant B.

Even if Defendant A can be seen as having made a confession as above, there is no evidence of reinforcement.

Nevertheless, the lower court’s determination that recognized this part of the facts charged is unreasonable.

B) It is insufficient to prove that Defendant D received support payments of KRW 15 million from Defendant D, and the lower court found Defendant D guilty of this part of the charges without any evidence to specify the amount of support payments received at the time. The lower court’s judgment that found Defendant D guilty of this part of the charges is unreasonable.

2) Punishments sentenced by the lower court to Defendant A (criminal facts No. 2-A. 2-4 of the facts constituting the crime as indicated in the lower judgment), one and half years of imprisonment, three years of suspended execution, and two-year criminal facts as indicated in the lower judgment.

(b)in respect of paragraphs (c) and (6), six months of imprisonment, three years of stay of execution, two hundred hours of community service and additional collection in 261,373,280) are too unreasonable;

B. Defendant B (1) The lower court’s determination that recognized the facts charged against Defendant B on the grounds that the lower court erred by misapprehending the facts and by misapprehending the legal doctrine is unreasonable.

1. The punishment of Defendant B’s participation in the crime is not punishable under the Criminal Act, for each of the following reasons: receipt of political funds, receipt and disbursement of political funds, and omission of accounting reports.

참조조문