기부금품의모집및사용에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.
2. Determination ex officio as to the violation of the Act on the Collection and Use of Donations due to the appropriation of excess appropriation ratio for collection expenses
A. The summary of this part of the facts charged shall not cover the collected money and valuables in excess of 15% of the collected money and valuables in the case of soliciting money and valuables not exceeding one billion won.
However, on November 29, 2013, the Defendant appropriated 15.6% (7,217,940 won) exceeding 15% of the total amount of money and valuables collected at a donation solicitation event held in Ansan-si C in excess of 46,079,614 won (7,217,940 won) to the solicitation cost.
B. The interpretation of the penal law should be strict, and the interpretation of the explicit penal law in the direction unfavorable to the defendant is not permitted as it violates the principle of statutoryism (see, e.g., Supreme Court Decision 2012Do4230, Nov. 28, 2013). Article 2 Subparag. 3 of the Act on the Collection and Use of Donations (hereinafter “the Act on the Collection and Use of Donations”) provides that “a person who has registered the collection of donations pursuant to Article 4” and “a person who has registered the collection of donations pursuant to Article 4.” Article 13 of the same Act provides that the collection of donations may cover part of the donation that does not exceed the percentage prescribed by Presidential Decree within the scope of 15/100 according to the scale of the donations collected, for expenses necessary for the collection, management, operation, use, report on the result, etc. of donations.
“A person who has appropriated money or goods for solicitation expenses in excess of the ratio under Article 13” in Article 16(1)6 shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won.
The term "" is defined in this section.
Meanwhile, Article 16(1)1 of the Act on Donations provides that "any person who collects money and valuables without being registered pursuant to Article 4(1) shall be punished by the same content."
The contents of this donation law;