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(영문) 창원지방법원 2013.12.23 2011고단2788
정치자금법위반
Text

1. Defendant D, G, K, M, S, and X each amounting to KRW 300,00,00 per fine, Defendant E, I, J, L, L, N,O, P, Q, R, T, U,V, W, Y, Y, respectively.

Reasons

Punishment of the crime

No teacher of a national or public school who is a State public official shall support any specific political party or political organization with money or material for political purposes, whatever the pretext it is.

In addition, since anyone is prohibited from contributing political funds by means that are not stipulated in the Political Funds Act, anyone who is not allowed to become a member of a political party, such as public official teachers, etc., shall not contribute political funds to any political party, and in particular, from March 13, 2006, anyone is prohibited from contributing political funds directly to any political party including the form of abolition of a political party supporters' association

1. Defendant A (201st class group 2788) is a person who is in office as a teacher of a national and public school after being appointed as a national and public school on April 11, 1995.

On or before February 23, 2002, the Defendant applied for the “Automatic Payment through Cmp transfer” to a AF Party, and made a contribution of political funds by transferring KRW 10,000 from the Defendant’s agricultural bank account via Cmp transfer to the AF Party account, which is established in Yeongdeungpo-gu Seoul Metropolitan City, through the financial settlement center located in Gangnam-gu, Seoul, Seoul. On or around July 26, 2006, the Defendant transferred the funds from the Defendant’s agricultural bank account to the AF Party account established in Yeongdeungpo-gu, Seoul.

2. Defendant B (201st class order 2791) The Defendant was appointed as a teacher of a private school on March 1, 1990 and served as a teacher of a AG middle school who is a private school.

On or before February 23, 2004, the Defendant applied for “the automatic payment through the Cmp transfer method” to a AF political party and applied for “the automatic payment through the Cmp transfer method” on or around July 26, 2006, the Defendant’s agricultural bank account via the Cmp transfer method via the Cmp transfer method to intermediate the financial settlement center located in Gangnam-gu Seoul Metropolitan City (Seoul), stated that the Defendant paid KRW 10,000 from the Defendant’s agricultural bank account to the AF political party account established in Yeongdeungpo-gu, Seoul Metropolitan City (Seoul), but the Defendant paid KRW 10,000 to the AF party account. However, the evidence submitted by the Prosecutor alone is insufficient to recognize the Defendant as “party membership fee”.

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