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(영문) 서울북부지방법원 2013.12.05 2013고단819

기부금품의모집및사용에관한법률위반

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant registered the business with the trade name “D” at the office of Jung-gu Seoul Metropolitan Government Ctel 125, and issued a monthly name “D”.

From January 1, 2008 to October 30, 2012, the Defendant did not register with the Minister of the Interior and Safety while operating the above place of business, and collected donations of approximately KRW 1,008,743,80 in the amount of KRW 2012 on the D’s main plan in the D’s monthly period from January 1, 2008 to October 30,. The Defendant collected donations of KRW 1,008,743,80 for the said period by inserting an article to the effect that “D is operated with multiple encouragements, implements, and healthy donations.”

2. Determination:

1. With respect to the prosecution of the defendant and his defense counsel by applying Articles 16 (1) 1 and 4 (1) of the Act on the Collection and Use of Donations (hereinafter "the Act of this case"), the defendant and his defense counsel did not violate Article 16 (1) 1 and Article 4 (1) of the Act on the Collection and Use of Donations, and the defendant's "D" whose representative is the defendant is "other religious organizations" under Article 2 (1) 1 (b) of the Act of this case, which are "D" and "other religious organizations", and thus, the collection of donations of "D" is not restricted by the Act

2. The definitions of terms used in this Act shall be as follows:

1. The term "donations" means money and articles collected without any consideration, regardless of their names, such as money and articles to be returned, congratulatory money and articles, and supporting money and articles;

Provided, That any of the following items shall be excluded:

(b) Money and other valuables collected by Buddhist temples, churches, Confucian schools annexed thereto and other religious organizations from believers to cover expenses incurred in their inherent activities;