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(영문) 서울고등법원 2017.11.10 2016노2634

공직선거법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (defendant 1) 1 of the facts constituting a crime misunderstanding (defendant 1) cannot be deemed to have received or contributed money from R “in relation to the recommendation of a specific person as a candidate by a political party”. The I did not have any doubt that R received any request from R in relation to the recommendation of a candidate for proportional representation or made a disbursement of money to obtain a recommendation of a candidate for proportional representation, and did not have any position to assist in the R’s recommendation of a candidate for proportional representation and did not have such political situation.

Therefore, the said money that R provided and donated to I cannot be deemed to be “related to the recommendation of a specific person as a candidate by a political party.”

Moreover, there is no intention that the defendant and I received money from R in relation to the recommendation of proportional representative candidates, nor there is no fact that they conspired to do so.

B) It is deemed that I was provided with or contributed to the expenses for formation of a political party.

I did not know how R did not instruct R to bear the expenses for the formation of a political party and how R paid the expenses for the formation of a political party.

L party formation expenses, etc. paid by R shall be provided and contributed by the Preparatory Committee for the formation of a political party, and I shall not be recognized as the main body of the number.

C) Money provided or contributed by R that cannot be deemed to have received political funds in a way that is not prescribed by the Political Funds Act shall not be punished by deeming that the preparatory committee for the formation of a political party L. which received a donation from the Preparatory Committee for the formation of a political party as having received a donation of political funds in a manner that is not prescribed by the Political Funds Act.

2) Criminal facts No. 2 are that the Defendant paid money under the pretext of money or money to AA who assist the driving, etc. of his/her vehicle.

Therefore, it cannot be said that the Defendant had "related to election campaign" with the money paid to A.

B. Sentencing (the defendant and the defendant)

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