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(영문) 부산고등법원 2015.11.04 2012노570

정치자금법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Article 31(2) of the Political Funds Act provides that H branch offices of the lower court (hereinafter “this case’s Trade Union”) as indicated in the lower judgment (hereinafter “this case’s Trade Union”) shall be deemed to have violated the prohibition of donation of organization-related funds.

(2) The lower court found the Defendant guilty of either misunderstanding of facts or misunderstanding of the legal principles as to “funds related to organizations” and misunderstanding of the facts charged, or misunderstanding of the legal principles as to “funds related to the establishment of a political party” as provided in Article 3 subparag. 3 of the Political Funds Act, even though the Defendant did not contribute political funds with “funds related to organizations,” the lower court found the Defendant guilty of this part of the facts charged, by misapprehending the legal principles as to “funds” and “funds related to organizations” (Article 45(1) of the Political Funds Act). The lower court acknowledged that the sponsor of the Party B was “party members” pursuant to the party constitution and regulations of the said party, and the said sponsor’s money paid to a political party falls under the “party membership fee” provided in Article 3 subparag. 3 of the Political Funds Act regardless of the pretext thereof.

B. The sentence of the lower court on the Defendant of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The judgment of the court below 1 on the violation of the prohibition against donation of group funds and the defendant and his defense counsel asserted the same purport as the grounds for appeal at the court below.