1. As to the Defendants’ grounds of appeal, Article 45(1) of the Political Funds Act provides that “political funds shall be punished by a person who contributes or receives political funds by means not stipulated in the said Act.” Article 3 subparag. 1 of the same Act provides that “political funds” refers to “all acts in which individuals, supporters’ associations or other persons provide political funds for political activities, for party membership fees, support payments, deposits, subsidies, revenues incidental to the party constitution and party regulations, etc., and other political activities, such as revenues incidental to political activities, such as political parties, persons who are elected by an election for public office, persons who intend to be candidates or candidates, supporters’ associations, executives and employees of political parties or salaried clerical staff, and other persons who are engaged in political activities,” and Article 3 subparag. 2 of the same

Therefore, political funds that are prohibited by the Political Funds Act mean all of the funds provided to persons who engage in political activities for political activities.

(See Supreme Court Decision 2008Do10422 Decided February 26, 2009). Meanwhile, in a case where a person who engages in political activities becomes a criminal defendant due to a criminal prosecution, the criminal prosecution was conducted by a prosecutor, and thus, the criminal prosecution was conducted by the prosecutor, and thus, it cannot be generally deemed that the defense and defense activities of the criminal defendant who is passive to be exempted from criminal charges or to be subject to favorable sentencing in the relevant criminal trial are generally political activities. Thus, even if a person who engages in political activities was provided with attorney-at-law appointment expenses to be required in the criminal trial, it cannot be deemed as receiving political funds

However, even if money is given and received as the expense for the appointment of a lawyer to be required in a criminal trial, the criminal trial is a crime related to his/her political activity and the number of such money is maintained.