[2] The case holding that the act constitutes a "contribution" under the Political Funds Act inasmuch as the money was received as it was received under the original political fund, even though it was promised to receive a refund of the money in a certain case, such as the actual refund, etc., if the street did not successful, even if it

[2] The case holding that the act constitutes a "contribution" under the Political Funds Act inasmuch as the money was received as it was received under the original political fund, even though it was promised to receive a refund of the money in a certain case, such as the actual refund, etc., even if it was not successful.

Article 45(1) of the Political Funds Act provides that a person who contributes or receives political funds in a manner not prescribed by this Act shall be punished, and Article 3 Subparag. 1 of the same Act provides that “political funds” shall be construed as “party membership fees, support payments, deposits, subsidies, incidental revenues as determined by the party constitution or party rules, etc., and other political activities, such as revenues incidental thereto as provided for in the party constitution or party rules, persons who are elected by an election for public office, persons who intend to be a candidate for an election for public office or a candidate, supporters’ associations, executives and employees in charge of clerical services of a political party or persons who are in charge of clerical services, money, securities and other goods provided to persons who engage in political activities, and expenses incurred in their own political activities.” Thus, the political funds

The lower court determined that the Defendant provided the political funds to the Do governor by comprehensively taking account of the following facts: (a) Nonindicted 2, who was the head of Nonindicted Party 1’s election countermeasure headquarters, who was the head of the 4th local election that the Defendant launched as the Do governor candidate on May 31, 2006, requested Nonindicted Party 1, who was the head of Nonindicted Party 1’s election countermeasure headquarters, to receive the Korean cableTV ○○ broadcast from the above group; (b) Nonindicted Party 2, as the price for Nonindicted Party 1’s election, demanded Nonindicted Party 2 to provide KRW 1 billion under the name of Nonindicted Party 1’s election fund; and (c) the Defendant and Nonindicted Party 2, who received the instant amount of KRW 300 million from the instant amount to Nonindicted Party 3, who was the accountant in charge of Nonindicted Party 1; and (d) the remaining KRW 400 million, which was recognized by the evidence that the Defendant provided the political funds to the Do governor for its adoption.

According to the above legal principles and facts admitted by the court below, such judgment of the court below is justified.

Meanwhile, as long as it is deemed that the instant money has the substance of political fund contributions that are provided in expectation that it will be disbursed for expenses incurred in political activities that the Do Governor elected, in light of the legislative intent of the Political Fund Act that guarantees the adequate provision of political funds, securing transparency by disclosing the details of revenue and expenditure, and preventing malpractice related to political funds, it does not hinder the recognition of the nature of the instant money as a political fund even though the amount of the instant money was paid concurrently for expenses for broadcast reception. In the same purport, the lower court’s rejection of the Defendant’s assertion on this point is justifiable.

In addition, as long as the concept of "contribution" in Article 3 subparagraph 2 of the Political Funds Act is defined as "all acts of providing political funds" and is punished by stating that the lending of money or goods is also deemed as a donation, it shall be deemed that the amount of this case is the "contribution" under the Political Funds Act even though it was promised to return the money if the expenses for broadcasting take-over are not successful, but it was planned to return it in certain cases, such as actual refund of the money, etc., even though it was planned to return it. The judgment of the court below to the same effect is justifiable.

Furthermore, as seen earlier, the Political Funds Act does not limit the party receiving political funds to a political party or candidate candidate candidate who is run a political activity, and if political funds are provided to anyone who is engaged in a political activity in a manner not provided for in this Act, it is subject to punishment. As recognized by the lower court, Nonindicted 2, who received the instant funds from the Defendant, is the head of Nonindicted 1’s election countermeasure headquarters that was withdrawn from the Do governor candidate at the time, and in the course of carrying out an election campaign for his election, received the instant funds as the said election funds in substance while carrying out an election campaign, and the Defendant’s offering the said funds to Nonindicted 2, who actually consumed part of the funds for election campaign expenses, constitutes a violation of the Political Funds Act by means not provided for in this Act. The lower court’

The court below did not err in the misapprehension of legal principles as to political funds and contributions and in violation of the rules of evidence, which affected the conclusion of judgment.

All the Supreme Court precedents cited in the grounds of appeal are not appropriate to invoke the instant case on the grounds of different specific cases from the instant case.

In addition, the grounds of appeal to the effect that the sentencing of the court below is too heavy in this case where a minor sentence is imposed to the defendant more than 10 years of imprisonment cannot be a legitimate ground of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeon Soo-ahn (Presiding Justice)