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(영문) 서울중앙지방법원 2014.11.14 2010고합542

정치자금법위반등

Text

Defendant shall be punished by a fine not exceeding three hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No teacher of a national or public school who is a State public official shall engage in any act supporting or opposing any specific political party or political organization for political purposes, whatever the pretext it is.

In addition, since political funds cannot be contributed in a way that is not prescribed by the Political Funds Act, those who are not allowed to become a member of a political party, such as teachers and public officials, shall not contribute any political funds under the pretext of party membership fees to any political party, and in particular, from March 13, 2006 when the political party’s supporters’ association was abolished, all support payments shall not be contributed to any political party including the form

After the Defendant was appointed as a teacher of a national or public school that is a state public official on March 1, 2002, the Defendant is currently serving as a teacher of the Daegu D Elementary School, and the E Political Party (hereinafter “E Party”) was merged with the F Party and G Party and became a “H Party” on December 5, 201; hereinafter “E Party”) is a party under the Political Party Act registered on January 30, 200 and May 24, 200. < Amended by Act No. 6198, Jan. 30, 200>

The Defendant applied for “the automatic payment through the CR transfer method” to the E political party around September 2007 or before that date (the payer number I), and around September 27, 2007, transferred 10,000 won from the Defendant’s new bank account via the CMS transfer method to the Defendant’s new bank account located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the E-political account. The Defendant paid 140,000 won in total 14 times from that time to January 25, 2008 by the same method as in the attached list of crimes, as shown in the attached list of crimes, stated that the Defendant paid 140,000 won in total to the E-political party. However, as seen below, the Defendant, as a party member under the law of a political party, had tried to pay support funds rather than wish to pay the party membership fees. Thus, it is reasonable that the Defendant is a “party membership fee” and the above support fund is a name of political funds.