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(영문) 대법원 2015.04.23 2014도13148

정치자금법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

A. As to the assertion regarding the violation of the Political Funds Act by an act of donation related to solicitation, the lower court, on the premise that the act of solicitation does not necessarily require to exist in order to establish the crime of violating the Political Funds Act by act of donation related to solicitation (Article 45(2)5, and Article 32 subparag. 3 of the Political Funds Act), determined that the Defendant was guilty of all of the violation of the Political Funds Act by act of donation related to solicitation as set forth in attached Table 4, 12, 14, and 17 of the judgment of the first instance on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant statutes and relevant legal principles and the evidence duly admitted by the court below, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the elements of violation of the Political Funds Act

B. As to the assertion regarding co-principals, the lower court: (a) requested the first support of AC and L council members on June 29, 2010 to the members of each regional headquarters and the National Federation, which was organized under the National Federation Planning and Coordination Office of I (hereinafter “I”); (b) requested the first support of AC and L council members in Busan, upon receiving the first support; (c) decided to the effect that the executives and employees of Gyeong-nam, who were not participating in the first support, would hear the first support news and join the Busan, and call to the Busan, to the head of the Busan, the head of each regional headquarters and the National Federation; and (d) responded to the purport that AK permitted the first support even if AW, who is an employee of the Busan, the head of each regional headquarters in Busan, provided additional support to AK; and (e) the executives and employees of Gyeong-Nam, who were in Busan, from around July 13, 2010 to the National Federation, made a request for political funds on the following grounds as indicated in its reasoning.