(영문) 서울중앙지방법원 2012. 1. 30. 선고 2011고합669, 743, 746, 749, 753, 756, 759, 761, 763, 766, 769, 771, 777, 780, 782, 784, 792, 794, 796, 799, 802, 804, 806, 809, 812, 814, 816, 819, 822, 824, 826, 829, 833, 835, 838, 841, 843, 845, 848, 851, 853, 855, 858, 861, 863, 865, 868, 871, 873, 875, 878, 881, 888, 891, 895, 898, 901, 903, 905, 908, 911, 913, 915, 918, 921, 923, 925, 928, 931, 933, 935, 938, 943, 948, 951, 953, 955, 958, 961, 963, 966, 969, 972, 974, 976, 979, 982, 985(병합)(분리) 판결

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Escopics

Application of Statutes

Judgment on the Defendants and defense counsel's assertion

Grounds for sentencing

Parts of innocence

Acquittaled Parts

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

무죄선고유예

(영문) 서울중앙지방법원 2012. 1. 30. 선고 2011고합669, 743, 746, 749, 753, 756, 759, 761, 763, 766, 769, 771, 777, 780, 782, 784, 792, 794, 796, 799, 802, 804, 806, 809, 812, 814, 816, 819, 822, 824, 826, 829, 833, 835, 838, 841, 843, 845, 848, 851, 853, 855, 858, 861, 863, 865, 868, 871, 873, 875, 878, 881, 888, 891, 895, 898, 901, 903, 905, 908, 911, 913, 915, 918, 921, 923, 925, 928, 931, 933, 935, 938, 943, 948, 951, 953, 955, 958, 961, 963, 966, 969, 972, 974, 976, 979, 982, 985(병합)(분리) 판결

[정치자금법위반·국가공무원법위반·정당법위반][미간행]

Escopics

Defendant 1 and 86 others

Prosecutor

Kim Sung-ju (Public Prosecution), Jinil-il (Public trial)

Defense Counsel

Attorney Kwon Young-young et al.

Text

1. A. Defendant 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 47, 87, 43 (Supreme Court and the appellate court), 44, 45, 47, 47, 47, 47, 565, 67, 6865, 67, 67, 678, 678, 67, 678, 67, 675, 6665, and 47

B. Defendant 52 and 75 each fine of KRW 500,000

Each punishment.

2. In a case where the above defendants did not pay the above fines, the above defendants shall be confined in each workhouse for the period calculated by converting 50,000 won into one day.

3. As to Defendant 1, 9, 19, and 42 (Supreme Court and Defendant 43 in the appellate trial), each sentence shall be suspended.

4. The defendant 82 is not guilty.

5. A. Defendant 2, 4, 5, 6, 7, 10, 13, 14, 15, 20, 22, 24, 25, 26, 28, 29, 32, 33, 34, 35, 38, 40, 41, 44, 45, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 62, 63, 65, 67, 68, 79, 70, 73, 75, 767, 78, 888, 888, 888, 86, and 88 of the Political Parties Act

B. Violation of the State Public Officials Act due to each party's admission to Defendant 75,84;

C. Violation of each of the Political Parties Act against Defendant 3, 8, 11, 12, 16, 17, 18, 21, 23, 27, 30, 31, 36, 37, 39, 43, 46, 55, 64, 66, 72, and 83

Acquittal shall be acquitted.

Criminal facts

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

In addition, anyone is prohibited from contributing any political fund by means that are not provided for in the Political Funds Act, and anyone who intends to contribute any support fund to any political party before March 13, 2006 shall contribute any support fund to the political party's supporters' association and shall not directly contribute any support fund to any political party. From March 13, 2006 when the political party's supporters' association was abolished, anyone is prohibited from contributing any support fund to any political party including the form of leading the political party's supporters' association.

1. [Defendant 1]

After being appointed as a teacher of a private school on March 1, 1991, the Defendant is currently serving as a teacher of a first high school which is a private school.

On or before February 2004, the Defendant applied for “Automatic Payment through Cmp transfer” to ○○○○○○○○○○○○, and then transferred political funds from the Defendant’s national bank account via Cmp transfer to ○○○○○○○○○○○○○○○○○ (hereinafter “○○○○○○ Party account”) via a Cmp transfer to ○○○○○○○ (hereinafter “Financial Settlement Board”). Around July 5, 2006, the Defendant donated political funds from the Defendant’s national bank account to ○○○○○○○○ (hereinafter “○○○ Party account”) account opened in Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul (hereinafter “Financial Settlement Board”).

2. [Defendant 2] 2

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1995 and currently serves as a teacher of a second high school.

On or before September 23, 2002, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○○ (defluence number omitted), and transferred KRW 10,000 won from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 206, as indicated in the annexed List of Crimes (Defendant 2) by the same method, from that time until March 26, 2008.

3. [Defendant 3]

The defendant is currently serving as a teacher of a third high school who is a private school, after being appointed as a teacher of a private school on May 1, 1996.

On or before December 31, 2003, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s new bank account through the Cmp transfer method to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to September 25, 2008, as indicated in the List of Crimes (Defendant 3) in the same way, to contribute to political funds by transferring 328,00 won in total as support payments.

4. [Defendant 4]

The defendant is currently serving as a teacher of the first middle school after being appointed as a national or public school who is a state public official on March 1, 1994.

A. On or before February 21, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○ (hereinafter “Defendant 4”) and subsequently transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around August 4, 2006, from that time to October 6, 2008, and donated political funds by transferring 270,000 won in total under the same method as indicated in the List of Crimes (hereinafter “Defendant 4”).

B. At the same time, the Defendant provided a sum of KRW 30,000,000 from August 6, 2008 to October 6, 2008, as political funds, to ○○○○○○○○○○○○○○○○○ Party, and supported the cash-based ○○○○○○○○ Party with political purposes.

5. [Defendant 5]

The defendant is currently serving as a teacher of the second middle school after being appointed as a national public official on March 1, 1994.

On or before May 21, 2004, the Defendant applied for “the automatic payment through the Cmmp transfer method” to the ○○○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,00 from the Defendant’s agricultural cooperative account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Cmp transfer method around July 26, 2006 as well as by transferring 10,00 won from that time to February 25, 2008 in the same way as indicated in the annexed List of Crimes (Defendant 5).

6. [Defendant 6]

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 1, 1989 and is currently serving as a third middle school teacher.

A. On or before March 22, 2000, the Defendant filed an application for “Automatic Payment through CMS transfer” with the “○○○○○○○○○○○○○ (hereinafter “Defendant 6”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the financial settlement method around August 4, 2006 as well as by transferring KRW 10,00 from that time to October 6, 2008 through the same method as indicated in the List of Crimes (hereinafter “Defendant 6”).

B. At the same time, the Defendant provided a sum of KRW 30,000,000 from August 6, 2008 to October 6, 2008, as political funds, to ○○○○○○○○○○○○○○ Party, and supported the said political purpose by means of money.

7. [Defendant 7]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1989 and is currently serving as a fourth middle school teacher.

On or before February 24, 2003, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006, from that time to February 25, 2008 in the same way as indicated in the annexed List of Crimes (Defendant 7).

8. [Defendant 8]

The defendant is currently serving as a teacher of a private school in the fifth middle school after being appointed as a teacher of a private school on October 1, 1998.

On or before June 3, 2004, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, and from that time until September 25, 2008 in the same way, as shown in the annexed List of Crimes (Defendant 8).

9. [Defendant 9]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1986 and is currently serving as a sixth middle school teacher.

On or before April 1, 2004, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, from that time to November 24, 2006, as shown in the annexed List of Crimes (Defendant 9) in the same manner, from that time, five times in total, including the amount of KRW 50

10. [Defendant 10, 201, 766]

The defendant is currently serving as a teacher at the first elementary school after being appointed as a teacher at a national or public school on March 1, 1989.

A. On or before November 20, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○ (hereinafter “Defendant 10,000 won”) and made a contribution of political funds by transferring KRW 10,000 won from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer method around July 26, 2006, from that time to September 25, 2008, including the transfer of KRW 10,000 from that time to September 25, 2008 by the same method as indicated in the List of Crimes (Defendant 10).

B. At the same time, the Defendant provided a sum of KRW 30,000 from July 25, 2008 to September 25, 2008, as political funds, to ○○○○○○○○○○○ Party, and supported the said political purpose with money.

11. [Defendant 1]

The defendant is a person who was appointed as a teacher of a private school on March 1, 1997 and is currently serving as a teacher of a fourth high school who is a private school.

On or before June 15, 2005, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006 through the CMS transfer method, as indicated in the annexed List of Crimes (Defendant 11) by the same method, from that time until September 25, 2008.

12. [Defendant 12]

The defendant is a person who was appointed as a teacher of a private school on April 10, 1990 and is currently serving as a teacher of a fifth high school who is a private school.

On or before June 24, 2002, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s daily bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the CMS transfer method around July 26, 2006, from that time to September 25, 2008 in the same way, as indicated in the List of Crimes (Defendant 12).

13. [Defendant 13]

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1987 and currently serves as a teacher of a second elementary school.

On or before November 20, 2002, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to the ○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to January 25, 2008, and contributed to political funds by transferring 190,00 won in total, as indicated in the annexed List of Crimes (Defendant 13) in the same way, as a support

14. [Defendant 14]

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a third elementary school.

On or before November 20, 2002, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to January 25, 2008, and contributed to political funds by transferring 190,000 won in total under the same method as indicated in the List of Crimes (Defendant 14) in the same way, from that time.

15. [Defendant 15]

The defendant is a person who was appointed as a teacher of a national or public school on March 15, 1992 and currently serves as a teacher of the fourth elementary school after he/she was appointed as a state public official.

A. On or before December 13, 2005, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○○ (hereinafter “Defendant 15”) and made a contribution of political funds by transferring KRW 180,000,00 in total from that time to December 26, 2007, including transfer of KRW 10,000 from the Defendant’s one bank account to ○○○○○○○○○○○○○○○○○ account through a mp transfer method, around July 26, 2006, through the said method, from that time to December 26, 2007, as indicated in the List of Crimes (Defendant 15) 1.

B. On or before March 22, 2006, the Defendant applied for “the automatic payment of expenses for a supporters’ association through membership of supporters’ association and Cms transfer method” to ○○○○○○○○○○○○ (hereinafter “Defendant 15”), and transferred KRW 10,000 from the Defendant’s one bank account to ○○○○○○○○○○○○○○○○○○○○○○○○ account through a cm transfer method around August 21, 2006, from that time to November 20, 207, the Defendant donated political funds by transferring KRW 150,000,000 in total, from November 20, 2007 by the same method as indicated in the List of Crimes (Defendant 15).

16. [Defendant 16]

The defendant is a person who was appointed as a teacher of a private school on March 1, 1997 and is currently serving as a teacher of a sixth high school who is a private school.

On or before February 23, 2004, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the CMS transfer method around July 26, 2006, from that time to January 25, 2008 in the same way, as indicated in the annexed List of Crimes (Defendant 16).

17. [Defendant 17] 17

The defendant was appointed as a teacher of a private school on March 1, 200 and is currently working as a teacher of a high school affiliated with the △△ University University, a private school.

On or before April 2, 2002, the Defendant applied for “the automatic payment through the Cmmp transfer method” to ○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○ through the Cmp transfer method around July 26, 2006 as well as by transferring 10,00 won from that time to February 25, 2008 in the same way as indicated in the annexed List of Crimes (Defendant 17).

18. [Defendant 18]

After being appointed as a teacher of a private school on March 1, 1996, the Defendant is currently serving as a teacher of a private school and then is currently serving as a teacher of a private school.

On or before November 28, 2002, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to September 25, 2008, and contributed to political funds by transferring 270,000 won in total, as indicated in the List of Crimes (Defendant 18) in the same way, as a support payment.

19. [Defendant 1] 19

The defendant is a person who was appointed as a teacher of a private school on March 1, 1988 and is currently serving as a teacher of a seven high school who is a private school.

On or before July 25, 2007, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s corporate bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around December 26, 2006, from that time to June 26, 2007, and donated political funds by transferring 70,000 won in total under the same method as indicated in the List of Crimes (Defendant 19)

20. [Defendant 201 Gohap799] Defendant 20

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1984 and is currently serving as a middle school teacher.

On or before December 3, 2002, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on July 26, 2006 through the CMS transfer method, as indicated in the annexed List of Crimes (Defendant 20) by the same method, from that time until February 25, 2008.

21. [Attachment 2011, 802] Defendant 21

After being appointed as a teacher of a private school on March 1, 1992, the Defendant is currently serving as a teacher of a private school at the 8 high school.

On or before June 2, 2005, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, as shown in the annexed List of Crimes (Defendant 21) by the same method, from that time until September 25, 2008.

22. [Defendant 22] Defendant 22

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 199 and currently serves as a teacher of the fifth elementary school.

A. On or before May 2, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○○ (hereinafter “Defendant 22”) and subsequently transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, and thereafter contributed to the Defendant’s political fund by transferring 270,000 won in total from September 25, 2008 by the same method as indicated in the List of Crimes (hereinafter “Defendant 22”).

23. [Defendant 201, 806] Defendant 23

After being appointed as a teacher of a private school on September 1, 1994, the Defendant is currently serving as a teacher of a private school at the 9-high school.

On or before April 22, 2004, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,00 from the Defendant’s bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around August 4, 2006, as shown in the annexed List of Crimes (Defendant 23) by the same method, from that time until October 6, 2008.

24. [Defendant 201 Gohap809] Defendant 24

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1993 and currently serves as a teacher of a national or public school at the sixth elementary school.

On or before April 1, 2004, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, as shown in the annexed List of Crimes (Defendant 24) by the same method, from that time until February 25, 2008.

25. [Attachment 2011, 812] Defendant 25

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1998 and is currently serving as a junior nine middle school teacher.

On or before July 26, 2006, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s new bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to December 26, 2007, as indicated in the annexed List of Crimes (Defendant 25).

26. [Defendant 201 Gohap814] Defendant 26

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1989 and currently serves as a teacher of a high school 10 high school.

A. On or before June 1, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○○ (hereinafter “Defendant 26”) and subsequently transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to September 25, 2008, and donated political funds by transferring 270,000 won in total as indicated in the annexed List of Crimes (hereinafter “Defendant 26”).

27. [Defendant 201 Gohap816] Defendant 27

After being appointed as a teacher of a private school on March 1, 1989, the Defendant is currently serving as a teacher of a private school and then is currently serving as a teacher of a private school.

On or before November 22, 2001, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○○○ (hereinafter “Defendant 27”), and then donated political funds by transferring KRW 10,000,00 in total from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○ Account through the Cmp transfer method via the Fmp transfer method (hereinafter “Cmp transfer”) around July 26, 2006, from that time until September 25, 2008, including the transfer of KRW 10,000 from that time to September 27, 2008 as indicated in the List of Crimes (Defendant 27).

28. [Defendant 201 Gohap819] Defendant 28

The defendant is currently serving as a teacher in the 11st middle school after being appointed as a national or public school who is a state public official on March 1, 1990.

On or before March 23, 2004, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from that time to January 25, 2008, including the transfer of KRW 190,000 from the Defendant’s agricultural cooperative account to ○○○○○○○○○○○○○○ account through the Cmp transfer method around July 26, 2006, which was via the Fmp transfer method, from that time to January 25, 2008.

29. [Defendant 201 Gohap82] Defendant 29

The defendant is currently serving as a teacher at the 7th elementary school after being appointed as a teacher at a national or public school on June 22, 1991.

On or before January 21, 2005, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 20,000 won from the Defendant’s national bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006, from that time to March 26, 2008, as indicated in the annexed List of Crimes (Defendant 29) in the same way, donated political funds under the pretext of support payments.

30. [Defendant 30] 30

The defendant is a person who was appointed as a teacher of a private school on March 1, 2007 and is currently serving as a teacher of a high school at the 11st high school.

On or before May 2006, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s one bank account to ○○○○○○○○○○○○ account through the Cmp transfer method around March 23, 2007, including the transfer of KRW 10,000 from that time to January 25, 2010 by the same method as indicated in the annexed crime List (Defendant 30) from January 25, 201 in the same way, including the transfer of KRW 35,50,00 in total from the Defendant’s one bank account (No. 1 to 5) and the our bank account (No. 6 to 35,000,000 in the order of support

31. [Defendant 31]

After being appointed as a teacher of a private school on September 1, 1991, the Defendant is currently serving as a teacher of a private school at the 8 high school.

On or before June 2005, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○○, and around July 26, 2006, transferred KRW 10,000 from the Defendant’s new bank account via the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, as shown in the annexed List of Crimes (Defendant 31) by the same method, from that time until September 25, 2008.

32. [Defendant 32]

The defendant was appointed as a teacher of a national or public school on March 28, 1981 and was dismissed on September 20, 1989, and was once again appointed as a teacher of a national or public school on March 1, 1994, and currently serving as a teacher of a 12 middle school.

A. On or before June 2004, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method around July 26, 2006 to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, as indicated in the annexed List of Crimes (Defendant 32) in the same way, from that time until September 25, 2008.

3. [Defendant 3] 3

The defendant was appointed as a teacher of a national or public school on September 3, 1986, and was released from his position on August 1, 1989, and was reinstated on March 22, 1989, and is currently serving as a teacher of a junior junior high school.

On or before September 3, 2003, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s agricultural cooperative account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the CMS transfer method around July 26, 2006, from that time to December 26, 2007, including by transferring 180,000 won in total as shown in the annexed List of Crimes (Defendant 33) in the same way.

34. [Attachment 2011, 835] Defendant 34

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 13 middle school teacher.

A. On or before May 3, 2004, the Defendant filed an application for “Automatic Payment through CMS transfer” with the ○○○○○○○○○○○○ (defensor number omitted), and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s Agricultural Cooperative’s account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the CMS transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008 by the same method as indicated in the List of Crimes (Defendant 34).

35. [Defendant 35]

The defendant is currently serving as a teacher at the 12th high school after being appointed as a teacher at a national or public school on March 11, 1991.

A. On or before June 2, 2005, the Defendant filed an application for “Automatic Payment through SP transfer” with ○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from that time to September 25, 2008, including a transfer of KRW 10,000 from the Defendant’s agricultural bank account to ○○○○○○○○○○○○○ account through a cm transfer method, around July 26, 2006, to support payments, from that time, until September 25, 2008, as indicated in the List of Crimes (Defendant 35) in the same manner.

36. [Defendant 36]

After being appointed as a teacher of a private school on April 26, 1990, the Defendant is currently serving as a teacher of a private school at the 13th high school.

On or before July 1, 2005, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, as shown in the annexed List of Crimes (Defendant 36) by the same method, from that time until September 25, 2008.

37. [Defendant 37]

The defendant was appointed as a teacher of a private school on September 1, 1999 and is currently serving as a teacher of a high school attached to the Dog University University of Education, which is a private school.

On or before April 22, 2004, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s new bank account to ○○○○○○○○○○○○○○○○○○○○○ through the CMS transfer method around July 26, 2006 as well as by transferring 10,000 won from the Defendant’s new bank account through the CMS transfer method to support payments from that time until September 25, 2008 by the same method as indicated in the List of Crimes (Defendant 37) in the same way.

38. [Attachment 2011, 845] Defendant 38

The defendant is currently serving as a teacher in the 14th middle school after being appointed as a national public official on August 21, 1995.

On or before January 9, 2003, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on July 26, 2006 through the CMS transfer method, as shown in the annexed List of Crimes (Defendant 38) by the same method, from that time until February 25, 2008.

39. [Defendant 39]

After being appointed as a teacher of a private school on March 1, 1995, the Defendant is currently serving as a teacher of a sixth high school who is a private school.

On or before June 2, 2004, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s foreign exchange bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006 through the CMS transfer method, as shown in the annexed List of Crimes (Defendant 39) by the same method, from that time until January 25, 2008.

40. [Defendant 40] Defendant 40

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 15 middle school teacher.

A. On or before May 2002, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○ Account through the Cmp transfer method around July 26, 2006, from that time to September 25, 2008 in the same way as indicated in the annexed List of Crimes (Defendant 40) in the same manner, from that time, to September 25, 2008.

41. [Attachment 2011, 853] Defendant 41

The defendant is currently serving as a teacher at the 8th elementary school after being appointed as a teacher at a national or public school on March 19, 1986.

A. On or before March 31, 2005, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the “○○○○○○○○○○○○ (hereinafter “Defendant 41”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008, including by transferring KRW 270,000,000 in total as indicated in the annexed List of Crimes (hereinafter “Defendant 41”).

42. [Defendant 42] Defendant 42

After being appointed as a teacher of a private school on September 1, 1999, the Defendant is currently serving as a teacher of a private school and then is currently serving as a teacher of a private school.

On or before August 21, 2003, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s agricultural bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ by means of a financial settlement around July 26, 2006, from that time to November 24, 2006, and donated political funds by transferring 50,000 won in total, as indicated in the List of Crimes (Defendant 42) in the same way

43. [Defendant 43]

The defendant was appointed as a teacher of a private school on March 1, 1988 and is currently serving as a teacher of a private school at the 17 middle school.

A. On or before February 23, 2005, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○ (hereinafter “Defendant 43”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s agricultural bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to January 25, 2008, including by transferring KRW 24,00,000,000 in total, as indicated in the Attached Table 1 (hereinafter “Defendant 43”).

B. On or before February 1, 2007, the Defendant applied for “the automatic payment of the sponsor party membership fee” to ○○○○○○○○○○○ (7) (i.e., through the method of subscription to the party membership fee and the method of marketing transfer), and (ii) transferred KRW 20,000 from the Defendant’s agricultural bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ KRW 2

44. [Defendant 44]

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 1, 198 and is currently serving as a 18 middle school teacher.

A. On or before June 2002, the Defendant applied for “the automatic payment through the Cmp transfer method” to the ○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s agricultural bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Cmp transfer method around July 26, 2006, from that time to July 25, 2008 in the same way, including the transfer of KRW 250,000 from that time to July 25, 2008.

B. At the same time, on July 25, 2008, the Defendant provided KRW 10,000 to ○○○○○○○○○○○○○ Party as political funds and supported the said political purpose.

45. [Attachment 2011, 863] Defendant 45

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of the 9th elementary school.

A. On or before October 22, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○ (hereinafter “Defendant 45”) and made a contribution of political funds by transferring KRW 10,00 won from the Defendant’s national bank account to the Defendant’s ○○○○○○○○○○○○○○○○○○○○○○○○○ Account through a mp transfer method around July 26, 2006, from that time to September 25, 2008, including the transfer of KRW 10,000 from that time to September 25, 2008 by the same method as indicated in the List of Crimes (Defendant 45).

46. [Attachment 2011, 865] Defendant 46

The defendant is a person who was appointed as a teacher of a private school on October 5, 1988 and is currently serving as a teacher of a private school at the 15th high school.

On or before March 4, 2005, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, as shown in the annexed List of Crimes (Defendant 46) by the same method, from that time until January 25, 2008.

47. [Defendant 47] 47

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1994 and is currently serving as a 19 middle school teacher.

A. On or before October 22, 2003, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○ (hereinafter “Defendant 47”) and made a contribution of political funds by transferring KRW 10,000,000 from that time to September 25, 2008, including the Defendant’s transfer of KRW 10,000 from the Defendant’s Agricultural Cooperative’s account to ○○○○○○○○○○○○○○ account through a cm transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008.

48. [Attachment 2011, 871] Defendant 48

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1981 and is currently serving as a 10 middle school teacher.

On or before July 2, 2004, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○○, and made a contribution of political funds by transferring 180,000 won in total from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, as shown in the annexed List of Crimes (Defendant 48) by the same method, from that time until January 25, 2008.

49. [Attachment 2011, 873] Defendant 49

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 20 middle school teacher.

A. On or before August 22, 2005, the Defendant filed an application for “Automatic Payment through CMS transfer” with the “○○○○○○○○○○○○○ (hereinafter “Defendant 49”) and made a contribution of political funds by transferring KRW 10,000 from the Defendant’s national bank account to the Defendant’s ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ by means of the financial settlement around July 26, 2006, from that time to September 25, 2008, including the transfer of KRW 10,000 from the Defendant’s national bank account by means of the method of funding, as indicated in the attached List of Crimes

50. [Attachment 2011, 875] Defendant 50

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1991 and is currently serving as a middle school teacher.

On or before October 13, 2004, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to the ○○○○○○○○○○○○○○ (defluence number omitted), and transferred KRW 10,000 from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Cmp transfer method around July 26, 2006, from that time to December 26, 2007, as indicated in the List of Crimes (Defendant 50) in the same manner, contributed to political funds by transferring the total of KRW 180,000,000 in the name of support payments.

51. [Defendant 51] 51

The defendant is currently serving as a teacher in the 21st middle school after being appointed as a national public official on March 1, 1986.

On or before July 21, 1998, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 20,000 won from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, from that time to February 29, 2008, as indicated in the annexed List of Crimes (Defendant 51).

52. [Defendant 52] 52

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 2002 and is currently serving as a teacher of a middle school of 22.

A. On or before May 25, 2006, the Defendant filed an application for “Automatic Payment through CMS transfer” with the ○○○○○○○○○○○○○○ (hereinafter “Defendant 52”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s new bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to January 25, 2010, including the transfer of KRW 10,000 from the Defendant’s new bank account via a medium of Financial Settlement Board to support payments.

B. At the same time, the Defendant provided a sum of KRW 190,000,000 from July 25, 2008 to January 25, 2010 as political funds and supported ○○○○○○○○○ Party with money for political purposes.

53. [Defendant 53] 53

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1994 and is currently serving as a teacher of a middle school of 23th.

On or before April 200, the Defendant applied for “Automatic Payment through Cmp transfer” to ○○○○○○○○○○, and around July 26, 2006, transferred 10,000 won from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the cm transfer method, to support payments, from that time to January 25, 2008, from that time, from that time, the Defendant transferred 190,000 won in total under the same method as indicated in the List of Crimes (Defendant 53).

54. [Defendant 54] 54

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1983 and is currently serving as a teacher of a middle school of 24.

A. On or before December 21, 2001, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○ Party (hereinafter “Defendant 54”) and made a contribution of political funds by transferring KRW 10,000,000 from that time to September 25, 2008, including transfer of KRW 10,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○ Account through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008, as indicated in the annexed List of Crimes (Defendant 54).

5. [Defendant 55] 55

After being appointed as a teacher of a private school on March 17, 1994, the Defendant is currently serving as a teacher of a private school at the 25 middle school.

On or before May 2006, the Defendant applied for the “Automatic Payment through Cmp transfer method” to ○○○○○○○○○○, and around July 26, 2006, transferred 10,000 won from the Defendant’s new bank account via the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, as shown in the annexed crime List (Defendant 5) from that time until September 25, 2008, to contribute political funds by transferring 270,00 won in total as support payments.

56. [Defendant 56] 56

The defendant is currently serving as a teacher of a national or public school who is a national public official on September 1, 1992 and is currently serving as a teacher of a 33 middle school.

A. On or before March 23, 2004, the Defendant filed an application for “Automatic Payment through Cmp transfer” with ○○○○○○○○○○○○ (hereinafter “Defendant 56”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer method around July 26, 2006, from that time to September 25, 2008, including the transfer of KRW 10,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○ by the same method as indicated in the

57. [Defendant 57] 57

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1983 and is currently serving as a 26 middle school teacher.

A. On or before May 23, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○○ (hereinafter “Defendant 57”) and made a contribution of political funds by transferring KRW 10,00 won from the Defendant’s agricultural bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008, including by transferring KRW 270,000,000 in total, as indicated in the attached List of Crimes (Defendant 57) by the same method.

B. At the same time, the Defendant provided a sum of KRW 30,000 from July 25, 2008 to September 25, 2008 as political funds and supported ○○○○○○○○ Party with a political purpose by providing 30,000 won as political funds.

58. [Attachment 2011, 903] Defendant 58

After being appointed as a teacher of a national or public school on March 1, 1989, the Defendant is currently serving as a high school teacher affiliated with the college of education at △△ University.

On or before August 22, 2005, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006, from that time to March 26, 2008, as indicated in the annexed List of Crimes (Defendant 58) in the same way, contributed to political funds by transferring 210,00 won in total as support money

59. [Attachment 2011, 905] Defendant 59

The defendant is a person who was appointed as a teacher of a national or public school on September 7, 1987 and currently serves as a teacher of a 16 high school.

On or before October 22, 2003, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○ through the Cmp transfer method around July 26, 2006 as well as by transferring KRW 19,00 from that time to January 25, 2008 by the same method as indicated in the List of Crimes (Defendant 59) in the same manner.

60. [Attachment 2011. 908] Defendant 60

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of the 11th elementary school.

On or before April 22, 2004, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006, from that time to March 26, 2008, as indicated in the annexed List of Crimes (Defendant 60) in the same way, donated political funds under the pretext of support payments.

61. [Defendant 62]

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1994 and is currently serving as a teacher of a middle school of 27.

A. On or before February 2002, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○ Account through the Cmp transfer method around July 26, 2006, from that time to September 25, 2008, including the transfer of KRW 270,000 from that time to September 25, 2008 by the same method as indicated in the annexed List of Crimes (Defendant 62).

62. [Defendant 63]

The defendant is a person who was appointed as a teacher of a national or public school on May 1, 1979 and currently serves as a teacher of the 12th elementary school.

A. On or before December 9, 2004, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○ (hereinafter “Defendant 63”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○ by means of a cm transfer around July 26, 2006, from that time to September 25, 2008, including the transfer of KRW 10,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○ through the same method as indicated in the List of Crimes (Defendant

63. [Defendant 64]

After being appointed as a teacher of a private school on August 1, 1984, the Defendant is currently serving as a teacher of a private school at the 28 middle school.

On or before March 23, 2004, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006, from that time to September 25, 2008, as indicated in the annexed List of Crimes (Defendant 64) in the same way, to contribute political funds under the pretext of support payments.

64. [Defendant 65]

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 1, 199 and is currently serving as a teacher of a middle school 29.

A. On or before May 20, 2004, the Defendant filed an application for “Automatic Payment through CMS transfer” with ○○○○○○○○○○○○○ (hereinafter “Defendant 65”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s one bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a ms transfer via a medium of Financial Settlement around July 26, 2006, from that time to January 25, 2008 by the same method as indicated in the List of Crimes (hereinafter “Defendant 65”).

B. On or before April 17, 2007, the Defendant applied for “the automatic payment of the party membership fee of KRW 5,000 from the Defendant’s one bank account to the ○○○○○○○○○○○○○○○○○○○○○○ Party by means of the subscription of the party membership fee and the transfer of the cMS transfer method (i.e., payment number omitted), and (ii) transferred KRW 5,000 from the Defendant’s one bank account to the ○○○○○○○○○○○○○○○○○○○ Party to contribute

65. [Attachment 2011, 923] Defendant 66

After being appointed as a teacher of a private school on March 1, 1995, the Defendant is currently serving as a teacher of a private school at the 17th high school.

On or before February 2004, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○, and around July 26, 2006, transferred 10,000 won from the Defendant’s foreign exchange bank account to ○○○○○○○○○○○○○○○○○○○○○○○ through the Cmp transfer method, and from that time to September 25, 2008, from that time, transferred 370,000 won in total from September 28, 2008 by the same method as indicated in the annexed List of Crimes (Defendant 66).

66. [Defendant 67]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 30 middle school teacher.

A. On or before November 1, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○ (hereinafter “Defendant 67”) and made a contribution of political funds by transferring KRW 10,000,000 from that time to February 25, 2008, including by transferring KRW 10,000 from the Defendant’s national bank account via mp transfer via the financial settlement center around July 26, 2006 to ○○○○○○○○○○○○○ through the same method (hereinafter “Cmp transfer”).

B. On or before August 2, 2007, the Defendant applied for “the automatic payment of the party membership fee of 10,000 won from the Defendant’s national bank account to the ○○○○○○○○○○○○○○ Party by means of the subscription of the party membership fee and the Cms transfer method (i.e., payment number omitted). On or around August 20, 2007, the Defendant transferred 10,000 won from the Defendant’s national bank account to the ○○○○○○○○○ Party account to contribute to political funds by transferring

67. [Defendant 68]

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 7, 1987 and is currently serving as a junior junior middle school teacher.

A. On or before September 23, 2003, the Defendant filed an application for “Automatic Payment through CMS transfer” with the “○○○○○○○○○○○○○ (hereinafter “Defendant 68”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008 by the same method as indicated in the annexed List of Crimes (hereinafter “Defendant 68”).

68. [Attachment 2011, 931] Defendant 69

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a high school 18 high school.

On or before May 2006, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○○○○, and around July 26, 2006, transferred 10,000 won from the Defendant’s SC Bank account through the Cmp transfer method to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, as indicated in the annexed List of Crimes (Defendant 69) by the same method, from that time until December 26, 2007.

69. [Attachment 2011, 933] Defendant 70

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1990 and currently serves as a teacher of the 13th elementary school.

A. On or before January 29, 2003, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○○ (hereinafter “Defendant 70”), and subsequently transferred KRW 10,000 from the Defendant’s agricultural bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008, and donated political funds by transferring the total of KRW 280,000,000 in the form of support payments, such as written in the List of Crimes (Defendant 70) by the same method.

70. [Attachment 2011, 935] Defendant 71

The defendant is currently serving as a teacher at the 14th elementary school after being appointed as a teacher at a national or public school on September 11, 1996.

A. On or before September 30, 2003, the Defendant filed an application for “Automatic Payment through CMS transfer” with the ○○○○○○○○○○○○○○ (hereinafter “Defendant 71”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s agricultural bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a ms transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008, including by transferring KRW 28,00,000 in total as indicated in the annexed List of Crimes (Defendant 71) by the same method.

71. [Defendant 7] 72

After being appointed as a teacher of a private school on April 1, 1996, the Defendant is currently serving as a teacher of a private school at the 32 middle school.

On or before July 2006, the Defendant applied for “the automatic payment through the Cmp transfer method” to ○○○○○○○○, and around July 26, 2006, transferred 10,000 won from the Defendant’s new bank account via the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, as shown in the annexed Table of Crimes (Defendant 72) from that time until August 25, 2008, to contribute political funds by transferring 280,00 won in total as support payments.

72. [Defendant 7] 73

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1995 and currently serves as a teacher of the 15th elementary school.

A. On or before May 2, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○○ (hereinafter “Defendant 73”), and subsequently transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to September 25, 2008, and donated political funds by transferring 270,000 won in total under the same method as indicated in the List of Crimes (hereinafter “Defendant 73”).

73. [Defendant 7] 74

The defendant is currently serving as a teacher at the 16th elementary school after being appointed as a teacher at a national or public school on May 13, 1982.

A. On or before May 2, 2002, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○○ (hereinafter “Defendant 74”), and subsequently transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to September 25, 2008, and donated political funds by transferring 270,000 won in total under the same method as indicated in the List of Crimes (Defendant 74).

74. [Defendant 75]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 10, 1992 and is currently serving as a teacher of a middle school of 27.

A. On or before December 21, 2001, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○ (hereinafter “Defendant 75”) and made a contribution of political funds by transferring KRW 10,000,000 from that time to September 25, 2008, including the transfer of KRW 10,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○ account through a mp transfer via a medium of Financial Settlement around July 26, 2006.

B. On or before April 14, 2005, the Defendant applied for “the automatic payment of supporters’ association expenses through membership of supporters’ association members and Cms transfer method” (from around December 11, 2007, the Defendant transferred KRW 10,000 won from the Defendant’s national bank account to the Defendant’s ○○○○○ bank account through the cm transfer method to the Financial Settlement Board around September 26, 2006, from that time to January 21, 2009, as indicated in the attached list of crimes (Defendant 75) by the same method as indicated in the list of crimes (Defendant 75) to contribute to the Defendant’s political funds under the name of supporters’ association expenses or funding for a total of KRW 388,00,000,000,000 in total, from around 26, 2006.

C. At the same time, the Defendant provided a sum of KRW 90,000,000 from July 25, 2008 to January 21, 2009 as political funds and supported ○○○○○○○○○○○○○○○ Party with a political purpose, using the same method as described in the above paragraphs (a) and (b) above.

75. [Defendant 76]

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1987 and is currently serving as a teacher of a 33 middle school.

A. On or before August 22, 2005, the Defendant filed an application for “Automatic Payment through CMS transfer” with the “○○○○○○○○○○○○○ (hereinafter “Defendant 76”) and made a contribution of political funds by transferring KRW 10,000 from the Defendant’s national bank account to the Defendant’s ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ by means of a financial settlement around July 26, 2006, from that time to September 25, 2008, including by transferring KRW 27,00,000 as indicated in the [Attachment List] by the same method

76. [Defendant 7] 77

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a 19 high school.

On or before December 21, 2001, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through the Financial Settlement Board around July 26, 2006, from that time to January 25, 2008, and contributed to political funds by transferring 190,000 won in total under the same method as indicated in the List of Crimes (Defendant 7) in the same manner, from that time.

77. [Defendant 7] 78

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 17, 1985 and is currently serving as a teacher of a middle school of 22.

A. On or before March 23, 2004, the Defendant filed an application for “Automatic Payment through CMS transfer” with the “○○○○○○○○○○○○○ (hereinafter “Defendant 78”) and made a contribution of political funds by transferring KRW 10,000,000 in total to the Defendant’s national bank account from the time on or around August 29, 2006 through the “CMS transfer” transfer from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○ account through the means of financial settlement around August 29, 2006, and from that time until January 25, 2008 by the same method as indicated in the annexed List 1 (hereinafter “Defendant 78”).

B. On or before April 14, 2005, the Defendant applied for “the automatic payment of expenses for a supporters’ association by joining a supporters’ association member and cms transfer method” to ○○○○○○○○○○○ (the number omitted), and transferred KRW 10,000 won from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ (the number omitted), by means of a Cm transfer, around September 26, 2006, from that time, from that time to November 20, 2007, including the transfer of KRW 188,000,000 in total, under the same method as indicated in the list of crimes (the Defendant 78).

78. [Attachment 2011, 961] Defendant 79

The defendant is a person who was appointed as a teacher of a national or public school on March 7, 1994 and currently serves as a teacher of a high school 20 high school.

A. On or before February 21, 2002, the Defendant filed an application for “Automatic Payment through CMS transfer” with the “○○○○○○○○○○○○ (hereinafter “Defendant 79”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008, including by transferring KRW 27,00,000 in total as indicated in the annexed List of Crimes (hereinafter “Defendant 79”).

79. [Attachment 2011, 963] Defendant 80

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1985 and currently serves as a teacher of a high school 21.

On or before January 23, 2002, the Defendant applied for the “Automatic Payment through the CMS transfer method” to the ○○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the CMS transfer method to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on or around July 26, 2006, from that time to January 25, 2008, as indicated in the annexed List of Crimes (Defendant 80) in the same way, contributed to political funds by transferring 190,00 won in total as support

80. [Attachment 2011, 966] Defendant 81

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1994 and is currently serving as a teacher of a 34 middle school.

On or before November 2004, the Defendant applied for “Automatic Payment through Cmp transfer” to the ○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from that time to December 26, 2007, including the transfer of KRW 180,000 from the Defendant’s agricultural cooperative account to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ through a cm transfer method, around July 26, 2006, from that time to December 26, 2007, as shown in the annexed List of Crimes (Defendant 81).

81. [Attachment 2011, 972] Defendant 83

피고인은 1996. 3. 1.경 사립학교 교원으로 임용된 후 현재 사립학교인 ◎◎◎◎학교 교원으로 재직 중인 사람이다.

On or before March 3, 2004, the Defendant applied for “the automatic payment through the CMS transfer method” to the ○○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method around July 26, 2006, as shown in the annexed List of Crimes (Defendant 83) by the same method, from that time until June 25, 2008.

82. [Attachment 2011, 974] Defendant 84

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1985 and currently serves as a teacher of the 17th elementary school.

A. On or before April 22, 2004, the Defendant filed an application for “Automatic Payment through Cmp transfer” with ○○○○○○○○○○○○ (hereinafter “Defendant”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around July 26, 2006, from that time to September 25, 2008, including by transferring KRW 27,00,000,000 in total from the same method as indicated in the List of Crimes (Defendant 84) 1.

B. Around July 2007 or before that date, the Defendant applied for the “Automatic Payment of 14) sponsoring party membership fees” to ○○○○○○○○○○○○, and then transferred 10,000 won from the Defendant’s national bank account to ○○○○○○○○○ account through the method of funds transfer around August 20, 2007, to the Defendant’s national bank account through the method of funds transfer from around August 20, 2007, and then donated political funds by transferring 90,000 won in total under the pretext of sponsoring party membership fees by the same method until April 21, 2008 (Defendant 84) as shown in the attached List of Crimes (Defendant 84) 2.

C. At the same time, the Defendant provided a sum of KRW 30,000 from July 25, 2008 to September 25, 2008, as political funds, to ○○○○○○○○○○○○○○ Party, and supported the ○○○○ Party with a political purpose.

83. [Attachment 2011, 976] Defendant 85

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 198 and is currently serving as a teacher of a high school 22.

A. On or before August 22, 2005, the Defendant filed an application for “Automatic Payment through Cmp transfer” with ○○○○○○○○○○○○ (hereinafter “Defendant 85”) and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○○○○○○○ through a mp transfer via a medium of Financial Settlement around August 29, 2006, from that time to September 25, 2008, including by transferring KRW 270,000,000 in total as indicated in the annexed List of Crimes (hereinafter “Defendant 85”).

84. [Attachment 2011, 979] Defendant 86

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a high school 23 high school.

On or before September 23, 2002, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to the ○○○○○○○○○○○○○○ (defluence number omitted), and transferred 10,000 won from the Defendant’s national bank account through the Cmp transfer method around July 26, 2006 to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ by the same method from that time until February 25, 2008, as indicated in the annexed List of Crimes (Defendant 86).

85. [Attachment 2011, 982] Defendant 87

The Defendant was appointed as a teacher of a national or public school who was a state public official on March 1, 1992 and was temporarily retired from office from March 1, 201 while serving as a teacher of a high school from March 1, 2008 to March 1, 201.

On or before May 2002, the Defendant applied for “the automatic payment through the CMS transfer method” to ○○○○○○○○○, and around July 26, 2006, transferred KRW 10,000 from the Defendant’s agricultural cooperative account to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, through the CMS transfer method, from that time to February 25, 2008, and donated political funds by transferring KRW 2,50,000,000 in total, as shown in the annexed List of Crimes (Defendant 87) in the same way.

86. [Attachment 2011, 985] Defendant 88

The defendant is currently serving as a teacher at the 18th elementary school after being appointed as a teacher at a national or public school on March 11, 1980.

A. On or before November 12, 2004, the Defendant filed an application for “Automatic Payment through Cmp transfer” with the ○○○○○○○○○○○○ (hereinafter “Defendant 88”) and made a contribution of political funds by transferring KRW 10,000,000 from that time to September 25, 2008, including transfer of KRW 10,000 from the Defendant’s national bank account to ○○○○○○○○○○○○○○○○○○○ account through a mp transfer method, around July 26, 2006, through the said method, from that time to September 25, 2008.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of examination of the witness against Nonindicted Party 2 in the instant case, including the 2010 Manda497, in which some statements are made

1. Each of the Defendants’ “CMS transfer transaction details”

1. Each “CMS transfer registration and termination information” against the Defendants

1. Each of the Defendants’ “EB21 File Round” set against the Defendants

1. Each of the Defendants’ “Personnel Record Card”

1. Details of the transaction of ○○○○○○○ account from January 1, 2004 to February 28, 2005, and deposit transaction of ○○○○ Account from March 1, 2005 to November 30, 2009

1. The details of reports on the election of the National Assembly members of the 18th National Assembly, which was made on April 9, 2008, the submission of the receipt of a party membership fee, the report on the election of the 2008 National Assembly members of the 2008 National Assembly, the details of reports on the election of the 2006 National Assembly members, the submission of reports on the election of the 2008 National Assembly members of the 2006 National Assembly, the materials submitted, the detailed statement of each property, the overall list of property and revenue of each political party, the general list of revenue and expenditure of each political party, the revenue and expenditure of each political party, the general list of revenue and expenditure of each political party, the revenue and expenditure books of each political party, the revenue and expenditure books of each political party, the revenue and expenditure books of each political party, the revenue and expenditure books of each political party, the submission of reports on the 2008 National Assembly members of the 2000○○○○ Party; and

1. Each judgment;

1. Each investigation report (including reports attached to accounting data and reports attached to additional accounting data);

1. Each investigation report (including attached documents) (including a statement of a person in charge of financial settlement, a witness examination protocol and a copy of Cms manuals for ms;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant 1: Article 45(1) of the Political Funds Act

(b) Defendant 2, 3, 5, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 27, 28, 29, 30, 31, 33, 36, 37, 38, 39, 42, 43, 46, 48, 50, 51, 53, 55, 58, 59, 60, 64, 65, 67, 69, 69, 72, 78, 81, 83, 86, 87, 875 of the Political Funds Act;

C. Defendant 4, 6, 10, 22, 26, 32, 34, 35, 40, 41, 44, 45, 47, 49, 52, 54, 56, 67, 62, 63, 68, 70, 71, 73, 74, 75, 76, 79, 84, 85, 88: each of the former State Public Officials Act (amended by Act No. 10148, Mar. 22, 2010; hereinafter “State Public Officials Act”) Articles 84 and 65(4) [excluding the Defendant’s political support by means of money (excluding the Defendant’s universal support)] of the former State Public Officials Act

1. Commercial competition;

Defendant 4, 6, 10, 22, 26, 32, 34, 35, 40, 41, 44, 45, 47, 49, 52, 54, 56, 57, 62, 63, 68, 70, 71, 73, 74, 75, 76, 79, 84, 85, 88: Articles 40 and 50 of each Criminal Act (a punishment provided for the crime of violating the Political Funds Act with no heavier punishment)

1. Selection of punishment (except for the defendant 82);

Selection of each fine

1. The type to be suspended;

Defendant 1, 9, 19, and 42: Fines of 300,00 won each;

1. Detention in a workhouse (except the defendant 82);

Articles 70, 69(2) (Defendant 1, 9, 19, 42 - Standard of Exchange) of each Criminal Code

1. Suspension of sentence;

Defendant 1, 9, 19, 42: Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (including the fact that the actual period of support is shorter, the amount of support payment is extremely low, and there

Judgment on the Defendants and defense counsel's assertion

1. Summary of the assertion

A. unconstitutionality of the applicable statute (Article 65(4) of the State Public Officials Act)

In Articles 65(4) and 84 of the State Public Officials Act, the term “Article 65(4) of the State Public Officials Act” is unconstitutional law that violates Articles 12 and 13(Principle of Definition of Criminal Procedure), Article 75(Principle of Prohibition of Blanket Delegation), Article 8(Right of Joining Political Party and Party Activities), Article 21(Right of Expression of Political Party) of the Constitution, Article 11(1)(Right of Equality), Article 37(2)(Principle of Prohibition of Excessive Delegation) of the Constitution, such as where the elements of crime are unclear and comprehensively delegated to subordinate statutes.

B. As to the payment of money by ms transfer

(1) The non-existence of proof as to the payment of party membership fee as "party membership fee"

Although the facts charged indicate that the Defendants joined the “party membership fee” and paid the “party membership fee,” the “party members’ roster” or “party members’ number” as alleged by the prosecution are merely the serial numbers assigned according to the order of cm transfer, and there is no other evidence to support that the Defendants applied for membership as a party member’s intent.

In addition, in order to recognize that “support money” was paid as stated in the facts charged, it would substantially disadvantage the Defendants’ exercise of their right to defense, and thus, it is necessary to

(2) The absence of criminal intent to pay money to the party itself and mistake of law

○○○○○○ Party’s active public relations, Nonindicted Party 1 also joined Nonindicted Party 1, a member of the Do governor, the National Election Commission’s official confirmation of whether donations were donated by a non-party member, and the details of guidance on the year-end settlement at the school of his/her service, etc., constitutes a case where there is a justifiable reason to believe that the Defendants’ payment of support payments did not have criminal intent or did not constitute a crime under the law and regulations.

(3) Whether the violation of the Political Funds Act is subject to the decision to dismiss the prosecution under Article 328(1)4 of the Criminal Procedure Act.

As stated in the facts charged, if the Defendants were to fall under the “person who has become a party member” as provided in Article 53 of the Political Parties Act, it shall be separate from whether there is a criminal punishment for the violation of the Political Parties Act. However, inasmuch as there exists a party member membership agreement in substance, the Defendants’ act of paying party membership fees constitutes “Methods of contributing political funds as provided in the Political Funds Act” under the status of a party member, and thereby constitutes a violation of the Political Funds Act. As such, the facts charged in this part of the facts charged that “the Defendants’ act of paying party membership fees as a party member of ○○○○○○○○ Party does not constitute a method of contributing political funds as provided in the Political Funds Act” do not constitute a crime even if they are true, it shall be dismissed as provided in Article 328(1

(4) There is no penal provision for a person who has paid a support payment to an illegal supporters' association or similar organization under the Political Funds Act.

Article 45(1) of the Political Funds Act stipulates that Article 45(1) of the same Act shall apply to the receipt and payment of voice political funds that do not fall under the method of receiving political funds provided by the same Act, and Articles 45(2) and 46 of the same Act shall apply to cases where they fall under the method provided by the Political Funds Act, but they deviate from the limit of discipline.

However, even though the ○○○○ Party was abolished on March 2006 and it was impossible to become the person entitled to designate a political party’s supporters’ association, it still received support money from the Defendants while establishing and operating a supporters’ association or a similar organization under the name of ○○○○○ Party. However, Article 45(2)15 of the Political Funds Act provides that the Defendants who paid support money to a supporters’ association or a similar organization may be punished pursuant to Article 45(2)15 of the Political Funds Act. However, the Defendants who paid support money to a supporters’ association or a similar organization may not be punished unless otherwise provided.

2. Basic facts

According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

(a) The party constitution on the party members, etc. of the ○○○○ Party, and the contents of the party regulations;

(1) An overview;

Since the formation of the political party on January 200, 200, the ○○○○ Party deleted the provisions related to the party relations (Article 5 of the party constitution before July 2006) under the party constitution from the Election Commission around 2006, while the party members, the party members, the supporters’ association members, and the members of the local supporters’ association (general supporters’ association members, and the local supporters’ association members), and newly establishing the support party system instead of the supporters’ association members, and then converting the members of the supporters’ association into the support party by newly establishing the support party system instead of the supporters’ association members. The party constitution of the ○○○○ Party on party members and the party members’ membership fees, and the details of the party regulations are as follows:

(2) The party constitution before July 2006 and the party regulations

○ Party Constitution

Part II Party Members (Revision to the Third Regular Session of March 1, 2003)

Article 4 (Party Members)

(1) A person who is eligible to become a political party under Acts and subordinate statutes, consents to the ideology and policy of a political party in Korea, and a person who participates in activities of a party may become a party member by taking a prescribed procedure.

(2) Matters concerning admission, secession from party, withdrawal from party, expulsion from party, etc. shall be prescribed by the party rules.

Article 5 (Mailty)

1. A person who consents to the ideology and policy of a political party and participates in activities of a political party may be a party member by taking a prescribed procedure.

(2) Matters concerning the admission to and withdrawal from the political party, rights and obligations, etc. shall be prescribed by the party rules.

Article 6 (Rights and Duties of Party Members)

(1) A party member shall have the following rights:

1. Right to vote on duty and to be elected as provided for by the party constitution and party regulations;

2. Right to participate in decision-making of the political party and all activities;

3. The right to be provided with data and education about the political party's policies and activities and to present its opinions thereon;

4. A right to demand necessary measures in accordance with the procedure set forth in the current rules against infringement as a member; and

5. The right to request the summons of all the elected parties and the elected parties to an election for public office in accordance with the party rules;

(2) Any party member shall have the following duties:

1. Obligations to observe the party constitution and party rules, and to comply with the decision and order of the party;

2. Obligations to complete education for essential party members conducted at each level;

3. Obligation to maintain confidential information of tissues;

4. Obligations to pay party membership fees;

5. Obligation to maintain integrity and dignity;

○ Provisions on Party Members No. 1 of the Party Regulations

Article 2 (Joining Party) (Revision to Third Central Committee on June 28, 2002) (Revision to First Central Committee on April 1, 2003)

(1) A person who intends to become a member shall submit the application forms for joining the local committee located in any of the following subparagraphs: Provided, That if no regional committee exists in the relevant area, he/she shall submit the application forms for joining the nearby local

1. Domicile; 2. Place of business (including organization’s domicile);

(2) The forms and methods of application forms and recommendations shall be determined by the secretariat of the central party.

(3) A written application submitted to the Central Party or a branch shall be sent to the relevant local committee without delay.

(4) The admission shall become final and conclusive by entering in the roster of party members after examination by the qualification screening organization.

Article 3 (Examination Organization of Qualifications for Party Members) (Amendment to the Third Central Committee on September 25, 2003)

(1) A qualification examination organization for party members shall take charge of admission, withdrawal from a party, and transfer of party members.

(2) Matters concerning the composition and operation of a qualification examination organization for party members shall be determined by the branch operating committee.

(3) A qualification examination organization for party members shall verify the following matters without fail:

1. Whether an applicant for admission has submitted an application for admission in compliance with the standards for organizing the regional committee;

2. Whether there exists any history of resignation from the party, expulsion and expulsion from the party;

3. Where the method of paying party membership fees is not cms, express the reasons therefor (the detailed details shall be determined by the relevant regional review organization);

Article 5 (Secession from Party)

(1) Any party member who wants to resign from a political party shall pay the written report of resignation from the party to which he/she belongs.

(2) Upon receipt of the written report of resignation from the local committee, the entry on the roster of party members shall be deleted and entered in the roster of party members.

(3) A regional committee shall report the receipt to the Central Party within ten days from receipt of the report of resignation from the party.

Article 10 (Lists)

(1) The Secretariat of the Local Committee shall prepare and keep a roster of party members and a roster of party members.

(2) No list shall be open to the public, except where it is provided by statutes or requested by the central authority.

Article 11 (Postal Affairs)

(1) The rights and obligations of party members are as follows.

(2) A person who intends to join a political party shall clearly state his/her intention to join the written application for joining the political party.

3. The Secretariat of the Local Committee shall prepare and keep a list of party mail lists and a list of withdrawals.

4. The parties shall be deemed to be equal to members on all the current rules and rules, except for the provisions of paragraphs 2 and 3 above or in relation thereto.

○ Provisions on party membership fees set forth in subparagraph 4 of the party rules

Article 2 (General Party Members Fee) (Art. 25, 2003 amended by the Third Central Committee)

(1) A general party membership fee shall be at least 10,00 won per person: Provided, That the number of unemployed persons, unemployed persons, students, and persons dismissed shall be at least 5,00 won per month, and their objections shall be confirmed by a local committee. In addition, persons who are detained by a political party, workers, public-private sports activities, are exempt from a party membership fee during the relevant period. The confirmation thereof shall be made by the local committee or the central party secretariat.

(3) Any of the following party members related to party membership fees shall not have a right to work on duty, to elect public office, and to be elected, and a general meeting of party members:

1. Any party member who has not paid the general party membership fee for 12 months from the delivery of the exercise of the party right, for at least three months accumulated;

2. Party members for whom three months have not passed since they become party members;

(4) Any party member who joins or does not exceed three months shall pay the whole party membership fees.

(5) The party membership fee that has not been withdrawn for each quarter (three months) may be withdrawn in a lump sum.

Article 3 (Methods of Paying Party Membership Fees)

(1) In principle, party membership fees shall be paid automatically: Provided, That they may be paid directly in extenuating circumstances.

(2) A party member who intends to automatically pay a party membership fee shall apply for automatic payment in accordance with the procedures prescribed by the secretariat of the central party.

(3) Party members who intend to directly pay party membership fees shall pay them to affiliated agencies.

(4) A party membership fee directly paid shall be prepared by a list of persons in charge of the affairs of the relevant party agency and the amount for each payer in the fixed form, and submitted to the secretariat of the central party within the month in which it is paid.

(3) The party constitution as amended after July 2006, and the contents of the party regulations

○ Party Constitution

Article 4 (Party Members)

(1) A person who is eligible to become a political party under Acts and subordinate statutes, consents to the ideology and policy of the political party of Korea, and a person who participates in activities of the party may become a party member by taking a prescribed procedure.

(2) Support centers may be established.

(3) Matters concerning admission, secession from party, withdrawal from party, expulsion from party, etc. shall be prescribed by the party rules.

○ Provisions on Party Members No. 1 of the Party Regulations

Article 11(Posture)(Preamble, 8 July 2006, Note 17, amended by the Central Committee)

(1) A person who intends to join a political party shall clearly state his/her intention to join the written application for joining the political party.

2. The Secretariat of the Local Committee shall prepare and keep a list of party mail lists and a list of withdrawals.

○ Provisions on party membership fees set forth in subparagraph 4 of the party rules

Article 2 (General Party Membership Fees)

(1) A general party membership fee shall be at least KRW 10,00 per person: Provided, That a person who monthly income is at least KRW 1.5 million shall be at least KRW 5,00,000, and an objection shall be confirmed by a local committee. In addition, a person who is detained, reduced, or discharged in connection with the activities of a political party, a worker, or a public or private sports may be exempt from a party membership fee during the relevant period. The confirmation thereof shall be made by the regional committee or the central committee secretariat

(b) Procedures, etc. for joining party members of ○○○○○○ Party 18)

(1) Procedures for joining party members

The method of joining a party member to ○○○○ party is made through the website of the central party or by submitting an application for direct membership to a local City/Do party or the central party. If a party member is requested through the Internet, the central party may immediately approve the party member and return the case where the party member's information falls short of the party member's information and request confirmation through the local committee.

○ In the case of filing an application for membership through a regional committee, the party executive staff shall enter the party member information (including the amount of party membership fee agreement, settlement date, bank account number, account number, and account-based resident number for the ○○○○○ Party’s transaction) by accessing the party member management program as seen below, and make a request for approval, the party executive staff shall return the information to the relevant region where there is lack of registration data in the approval process and approval process after confirmation by the central authority, and shall return the information to the relevant region where there is insufficient registration data, and the week 20) if re-requesting after correcting the party member information in accordance with the relevant reasons after confirming the reasons for rejection.

A person who intends to become a sponsor shall not go through the approval procedure of the central authority, and may withdraw orally without withdrawal from the party. 21)

Where a request for resignation from a party member is made, the primary collection of the request for resignation from the party member shall be in charge of the regional committee (in principle, guidance on contact information of the relevant local committee is given even in the case of a request for resignation from a central party), a direct visit, e-mail, facsimile, etc. shall be kept in writing.

As used before July 2006, the “application for membership fee of ○○○○○○ Party member, party members, supporters’ association members, and supporters’ association members are required to keep a check among the items of party members, party members, and supporters’ association members. Personal details were recorded in the account number, the amount of party membership fee agreement, the party membership fee settlement date, etc. In order to pay the party membership fee automatically. However, the “the party membership fee settlement date” was made to keep a check during the “five days, and twenty-five days,” and the “the party membership fee classification” among the items of party members’ information of the ○○○○○○ Party member management program was classified into party members, party members, and supporters’ association members (general, global, and early stage members). As of the “application for membership fee” of ○○○○○○ Party, the “application for membership fee” is written in the form of “application for membership fee and automatic membership fee payment”, and each “the party membership fee payment date” is selected for every five days.

(2) Related to rain, etc.

In the manual of 2005, “A public official under the substantive law may not engage in political activities.” The ○○○○○ Party has previously joined and handled public officials in favor of the party members, and in this case has the same rights and duties as the party members. In the case of teachers, there is room for some political activities as a result of the strike that occurred in the center of the former school, and there is almost no active pressure. In the case of public officials, he must confirm and take care of the fact-finding. Occupation is a good-faith, an occupation is a party membership, a union membership is a party membership, a participating organization is indicated as a “party membership” in the region of the former Labor Relations Assistance Act (the name of the participating organization shall be indicated as the original name). In principle, if a party member is to leave the election on duty, a candidate shall be actively protected. Unlike being indicated in the party member management program, the contents that a party member fee and a supporters’ association shall be withdrawn on the 20th day of each month.”

In the manual of 2005 manual, the statement of the party members management program shall state that “the matter of caution” can be changed among the members of the political party: “The party members of the political party?The general supporters’ association?The general supporters’ association members of the district party may be changed, but in the case of a change to the members of the party or the members of the supporters’ association of the district party, it shall be re-registered as a change in the new party members registration after the resignation and treatment

In the manual of 2005 ABC, the election management work ABC provides that “all party members shall be notified of the main contents of the election publication through text messages, etc.,” “The election management commission shall request all candidates to submit opinions on career, policy, and pending issues, and may provide them to party members (right holders) and “personal information (name, e-mail, telephone number, etc.) of the party members may be provided.” In the manual of 2006, it is also stated in the manual of 2006.

(1) Cms general

○○○○○○○○○ in principle, as seen earlier, received party membership fees through a “Cmsage Management Services” method, which is a service that provides a financial institution (bank, securities company, etc.) and a financial settlement personnel jointly participate, and is a service that can withdraw funds from the account or deposit funds from the account of a customer (in the case of this case, the Defendants) of a financial institution (bank, securities company, etc.) or a customer (in the case of this case).

To use ms for withdrawing funds from the account of a payer, first of all, the user agency entered into a financial settlement contract with the CMS and, if the payer submits a written consent for withdrawal transfer to the user agency, the user agency prior to the procedure for transmitting the EB 13 file to the user agency. On the file of the above EB 13 file, there are information such as the date of application, resident registration number, account number, and payer number. In this case, the individual transferor's payment number on the EB 13 file sent by ○○○○○ Party is consistent with the number of party members registered in the EB 13 file management program (including both party members, party members, supporters' association members, and support party members) and the serial number in the above party members management program was assigned serial numbers (Provided, That the supporters' association members were assigned a serial number from July 2003 to the “(party number omitted), and the serial number was assigned to the party members without any serial number of 25 to 26 party members).

○ The Financial Settlement Board to which the EB13 file is transmitted shall transmit the EB13 file to the relevant financial institution, and the financial institution shall register and manage the payer in a state where it is possible to withdraw the payer according to the content of the EB13 file and take measures to ensure that the Cms transaction will occur later.

○ Since then, the user agency shall transmit the files to the Financial Settlement Agency in line with the date of withdrawal of the files (eB21 note 23) which is requested by the payer to the Financial Institution to withdraw funds from the payer’s bank account (e.g., creation of EB21 files for all payers and temporary transmission on the business day immediately preceding the date of MS transfer), and the Financial Settlement Agency shall withdraw funds from the relevant payer’s account on the basis of these files, if the files are classified and transmitted by financial institution.

If it is impossible to process due to the shortage of balance, etc., the individual bank returns the EB21 file (EB22 file) which has been Impossible to the Financial Settlement Board, and if the Financial Settlement Board re-deliverys it to the user agency, the user agency confirms whether the EB21 file and EB22 file are withdrawn by each payer through its own computer program.

○ After withdrawal of funds from the account of the payer, the Financial Settlement Board shall collect the EB21 files and EB2 files, and then send the EB23 files containing information such as the amount to be deposited in the user’s Cms mother account to the financial institution (in this case, the National Bank) with which the Cms mother account is opened. In the financial institution that opened the Cms mother account, the sum of individual payers’ withdrawals on the basis of the EB23 files shall be deposited into the Cms mother account (the date of deposit shall be the business day following the date of withdrawal from the payer’s opened account).

(2) Date, etc. of ○○○○○○ transfer

The manual of 2006 states that “the payment of party membership fees may be divided into two ways: “the payment of cms and cash may be divided into two ways; furthermore, the payment of cms may be made on a monthly basis (5,20,25 days) based on the accounts entered in the party members’ information by the party members of the party management program, and the central authority shall apply for direct withdrawal through the financial settlement center, and as such, the local committee shall complete the application for a change to the greatest extent possible by the deadline publicly notified in advance.” The phrase “the application for the withdrawal of cms through the party management program” states that “the withdrawal of 5-day party membership fees, the withdrawal of 20-day supporting party membership fees, the withdrawal of 25-day party membership fees, and the withdrawal of the retroactive party membership fees.” The content of the payment of monthly party membership fees by district, the details of the payment of monthly party membership fees, and the unpaid party members of monthly party membership fees are all identified.

○ The Defendants transferred a monthly specified amount to the account of ○○○○○○○○○○○ Party as indicated in the facts constituting the crime as indicated in the instant CMS transfer method. After the transfer, the details of the instant Defendants’ transfer of the passbook include “○○○○○○ Party 0,” “○○○○ Party 0,” “○○○ Party 0,” “○○○ Party 0,” “○○ Party 0,” “○○ Party 0,” “○○ Party 0,” “○○ Party 0,” and “○○ Party 0.

Before February 2, 2005, the ○○○○○○ Party received the party membership fee or the 25th day or 25th day of each month without dividing the party members, party members, and supporters’ association members. From March 2005 to November 2005, the party members received each transfer from 5 days, 25 days, 20 days, 20 days, and 20 days, and the party members received each transfer from 12 days from 205 to 20 days. The party members received each transfer from 5 days, 5, 25 days, 25 days, and 20 days.

(d) Other:

On March 13, 2006, the supporters' association system was abolished, and on March 12, 2006, the ○○○○○ Party abolished the supporters' association on its website on March 13, 2006.On March 13, 2006, the Central Party and the City/Do party's supporters' association were abolished through the public notice of the item (i). From March 13, 2006, when the deposits into the head of the Central Party and the head of the City/Do party's supporters' association, if the deposits into the head of the Central Party and the head of the City/Do party's supporters' association, the deposits would be due to the National Treasury, which would have been returned to the supporters' association under the Political Funds Act. Even if the supporters' association is abolished, the deduction and income deduction should not be lost, and donations paid to the members of the National Assembly could be deducted from the amount of tax paid at the year-end settlement.

On June 9, 2009, the Korean Democratic Labor Union Federation (hereinafter referred to as the "Korean Democratic Labor Union") sent to the Korean Teachers' Union (hereinafter referred to as the "former Teachers' Union") a public letter stating that the Defendants joined as its members, and that "shall re-consign the Central Committee members and representatives elected from the labor sector for ○○○○○○○ in 209," and the above public letter states that the Central Committee members and representatives appointed to the Korean Public Officials' Union (hereinafter referred to as the "Special Labor Union") shall not be disclosed in principle. At least 8 and 3 representatives are assigned to full-time teachers and full-time teachers and 5 representatives, and the number of 3 representatives is not stated differently from other public federations. However, in the case of representatives, at least 50 representatives, 10 representatives, 10 up to 20 representatives, 20-10 representatives, 30-50 representatives per 50 representatives, 10-10 representatives, 30-50 representatives, 30 or more of 50 representatives.

○○○○○○○○○ Internet voting site refers to “(party number omitted) supporters (members of supporters’ associations) who begin with the number as “(party number omitted)” and members, party members, and opposition members. However, the ○○○○○○○ Party did not take any particular measures to prevent a party from casting a vote (the statement on the date of the trial of the instant case, etc., by Nonparty 2, this Court).

3. Determination

A. As to the assertion of unconstitutionality under the applicable law (Article 65(4) of the State Public Officials Act)

(1) Relevant provisions

Attached Form 1 see the relevant legal provisions.

(2) Whether the prohibition of blanket delegation violates the principle

Article 65 (1) and (2) of the State Public Officials Act prohibits specific acts that impair political neutrality (a party joining or election-related acts), and Paragraph (3) of the same Article explicitly prohibits "request, etc. for a violation of paragraphs (1) and (2) and delegates the form of delegation to each constitutional authority with regard to the limit of prohibition of political activity to paragraph (3) of the same Article. In addition, Paragraph (4) of the same Article, "in addition to Paragraph (4) of the same Article, Section 26 of the same Article, it is deemed that there is a need to individually specify any political act prohibited by the nature of each constitutional authority, and through the example of "political act" under Article 65 (1), (2) and (3) of the State Public Officials Act, it is possible to predict the act subject to punishment under paragraph (4) of the same Article (a) of the State Public Officials Act, and the kind, limit and width of punishment under Article 84 of the State Public Officials Act clearly stated.

(3) Violation of the principle of clarity

Although the "political act", which is a constituent element under Article 65 (4) of the State Public Officials Act, may be somewhat unclear, the contents of "political act" as set forth in Article 65 (1), (2), and (3) of the State Public Officials Act shall be reported, and any act prohibited under Article 65 (4) of the State Public Officials Act may be predicted to a certain extent, and the punishment therefor shall be clearly set forth as mentioned above, and it shall not be deemed that it violates the principle of clarity.

On the other hand, Article 27 of the State Public Officials Service Regulations has embodied the "political act" upon delegation of Article 65 (4) of the State Public Officials Act. In particular, in the case of Article 2 (2) 4, the elements of a somewhat uncertain concept include "support or opposition to a specific political party or political organization by money or material, regardless of any other pretext." However, in the case of Article 27 (1) and (2) 1 through 3, and the former part of Article 27 (2) 4, it cannot be deemed that the above meaning of the above law is interpreted to the extent that "an act of supporting a specific political party, etc. by means of donation of goods having money or monetary value to a specific political party, etc." is interpreted to the extent that "an act of supporting a specific political party, etc. by means of donation, etc. of goods having money or monetary value to a specific political party, etc

(4) Whether the freedom of political party activities and the freedom of political expression are violated

It is possible to restrict the freedom of political party activities, which are the contents of political freedom, and the freedom of political expression, and the restriction on the freedom of political party activities and the freedom of political expression pursuant to Article 65(4) of the State Public Officials Act is the minimum limitation pursuant to Article 37(2) of the Constitution as measures to secure the political neutrality and education of public officials. The defense counsel claims that it is arbitrary discrimination compared to university faculty members, but it is reasonable discrimination due to the inherent difference.

B. As to the allegation that there was no proof that the party membership fee was paid as “party membership fee”, a week 29)

(1) Whether the party membership fee was paid

(A) Article 23 of the Political Parties Act provides that a person who wishes to be a party member shall submit the application form for joining the political party and apply for enrollment (Paragraph 1), a political party shall decide whether to admit admission after deliberation and register it on the roster of party members, and the effect of admission shall accrue at the time of entry on the roster of party members (Paragraph 2), and that a person who is not registered on the roster of party members shall not be acknowledged as a party member (Paragraph 4). In order to have joined a political party, a teacher shall apply for admission to a political party, and the relevant teacher shall have registered in the

However, the issue of whether a party member constitutes a "party member" under Article 23 of the Political Parties Act shall not be determined only by the name determined inside a political party, but also by whether an application for membership and approval for membership have the right and duty as a party member as prescribed by the party constitution and party regulations.

(B) First, we examine whether the Defendants applied for membership in the ○○○○○ Party as “party members” and registered on the roster of party members at the ○○○ Party.

The direct evidence related thereto is the roster of party members (in this case, the “party members’ information” registered in the party members’ management program managed by the ○○○○○○○○○ Party. However, in the course of search and seizure of the party members’ roster, the party members removed two hard diskss located in the “○○○○○○ Party” server of the ○○○○○○○ Party. On September 2008, the ○○○○○ Party started to take advantage of the allegations that the Defendants’ information was deleted from the party members’ party members management program around September 2008, and the Defendants did not submit the roster in the above case. Considering that the Defendants applied for membership to “○○○○○ Party members” rather than “○○ Party members” or “after-party members,” and it is difficult to readily conclude that the Defendants did not immediately have any doubt against the Defendants’ act at the ○○○○○ Party members’ roster, the Defendants did not immediately appear to be “○○ Party members.”

(C) Next, the “○○○○ Party” has the same rights and obligations as the party members, and the Defendants, knowing such fact, apply for membership with the same rights and obligations as the party members, and examine whether the Defendants were registered as the “party members” on the roster of party members.

(5) In light of the following circumstances acknowledged by the aforementioned facts and evidence, i.e., “○○○○○○○○○ Party’s rights and obligations are the same as the party members” in the ○○○○○ Party’s regulations prior to the revision of the ○○○○○ Party’s 2006 Rules (the same shall apply as seen earlier). However, in light of the fact that the regulations on the party members were partly maintained, the ○○ Party’s party members’ instructions were stated in the 2005 Manual, and the 200-party members’ instruction was strictly distinguishable from the party members’ 30-party members’ 0-party members’ 20-party members’ 20-party members’ 20-party members’ 30-party members’ 20-party members’ 20-party members’ 20-party members’ 30-party members’ 20-party members’ 10-party members’ 30-party members’ 25-party members’ 20-party members’ 20-party members.

However, in full view of the following circumstances acknowledged by the aforementioned evidence, the Defendants merely accepted the status of ○○○○○○ Party’s membership in the same sense as that of ○○○○ Party, and applied for membership as ○○○○○ Party. In full view of these circumstances, it is difficult to deem the Defendants to have applied for membership as ○○○ Party under the Political Parties Act with the intent to hold the same status as ○○ Party under the Political Parties Act, and there is no other evidence to acknowledge it otherwise.

○○○○○○○○ Party classify the “the party members classification” of the party members management system as party members, party members, and sponsoring party members, and grants “party members number” to minors (at the time when Nonindicted 2’s children working as the chairman of the ○○○○○○ Party Working as the chairman of the ○○○○○ Party, after working as the party members, at the present time when two children live in around 2001). In addition, the concept of “party members” in the ○○○ Party appears to have been used by combining the concept of “party members” including party members, party members, and supporters’ association members.

The literal meaning of ○○○○○○○○○○○○ Party is a party’s friendship, and thus, it is easy for the general public to accept the meaning of “contribute” as “contribute’s members rather than “contribute’s members,” who have rights and obligations against the party, before specifically ascertaining the content of the party rules prior to the amendment (the same as the party members’ rights and obligations).

The joining as a party member is sufficient to be registered on the roster of party members, and it does not constitute a party member only if he exercises his rights as a party member after being registered on the roster of party members. However, whether the Defendants actually exercised their rights as a party member or not or not shall constitute a flexible evidence by which the Defendants participated in the election at the time of joining. In this case, there is no special evidence to recognize that the Defendants exercised their rights as a party member, such as voting for the election on duty as a party member, or going to the election on duty, except for the monthly transfer of 10,00 won or 20,000 won after the Defendants started to pay a certain amount of money each month, since there is no other evidence to support that the Defendants exercised their rights as a party member. Rather, there is a doubt that it is not a mere intention

○○○○○○ Party reported not only the party members but also the funds transferred from the supporters’ association members or the support party members as “party members fee” on the front line.

○ The Defendants were aware of the fact that teachers cannot join a political party as party members, and accordingly, they could not pay party members fees. In view of the fact that, if the Defendants intended to join as party members, the Defendants would have chosen the “direct payment” method, not the “direct payment” method, which is stipulated in the party regulations, in paying party membership fees, when paying the party members fees, it would be more reasonable to deem that they merely transferred money through the cMS method, on the ground that they considered it as a mere meaning of support.

○○○○○○○○○○○○ Party was a party member of the ○○○○ Party from the time when the ○○○○○ Party was established on January 200, and thereafter sent the ○○○○○○○ Party to the ○○○○○○○○○○○○○○○○○○○○○○ Party. Since then, around 2008, Nonindicted Party 1 retired from office to be a member of the ○○○○○○○○○○○○○○○ Committee, who was working as a teacher. Accordingly, Nonindicted Party 1 was aware of the law that the ○○○○○○○○○○ Party was unable to engage in such legitimate activities, and there was a lot of concern on whether to maintain the ○○○○○○○○ Party’s position. Ultimately, there was no reason to conclude that the ○○○○ Party could engage in such activities as a justifiable party.”

(D) Ultimately, it is difficult to view that the Defendants joined as party members or agreed to hold the same status as the party members, and it is also difficult to evaluate the nature of the amount paid by the Defendants as “party members fee”.

(2) Possibility of recognizing “support payments” as being paid, and the need for modification of indictment

(A) As seen above, although the amount paid by the Defendants cannot be recognized as party membership fees, it is reasonable to view that the Defendants transferred the money under the name of “support money” in full view of the developments leading up to the transfer of the money of this case, the intent of the Defendants related thereto, and other various circumstances recognized by the aforementioned evidence.

(B) However, in order to recognize that a “support payment” was paid differently from the facts charged, it can be said that there is a need to modify the indictment.

Without changing the indictment, in order to recognize facts constituting a crime different from those stated in the indictment ex officio without changing the indictment, the court shall be limited to the extent identical to the facts charged and shall not cause substantial disadvantages to the defendant's exercise of his/her right to defense (see Supreme Court Decision 2010Do5975, Sept. 9, 2010, etc.).

The facts charged in the indictment of this case are as follows: “The defendant violated Article 45(1) of the Political Funds Act by transferring the money in the name of “party membership fee” to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Fund

In addition, according to the Defendants and their defense counsel's argument, the court has undergone sufficient deliberation on "the circumstance that a support fund may be donated to a political party's supporters' association before March 13, 2006" and "after that time, if a person, other than the designation authority, establishes and operates a supporters' association or a similar organization of a supporters' association, he/she shall not be punished only by the installer and operator in accordance with Article 45 (2) 1 of the Political Funds Act." Thus, even if the above transfer money was recognized by changing the name of the said transfer from the party membership fee to the "support fund" without changing the indictment, it is deemed that there is

Therefore, the phrase “party membership fee” in this part of the facts charged is merely an indication necessary in the process of generally and externally specifying that it is a political fund donated by means other than those provided for in the Political Funds Act. Thus, insofar as there is no likelihood of causing substantial disadvantages to the Defendants’ exercise of their rights to defense, this court may recognize the name of “party membership fee” as “support fund” ex officio without changing the indictment.

C. As to the absence of criminal intent to pay the money to the political party itself, and the assertion of legal mistake

(1) POE ACT. - In particular, prior to the closure of a political party’s supporters’ association on March 13, 2006

The general situation where the mistake of a law is at issue is the case where it is allowed even if certain acts are prohibited by law. However, the support to a political party was possible within a certain range through a political party's supporters' association until the support to a political party is prohibited at source due to the abolition of a political party's supporters' association on March 13, 2006.

In a case where the Defendants’ assertion is deemed to the purport that “Before the abolition of a political party’s supporters’ association, it would have been an intention to support a political party by legitimate means permitted by the law, or that the Defendants did not intend to directly support a political party instead of going through a political party’s supporters’ association, it would be questionable whether such a problem is not an issue as to the elements of a crime.

However, in the process of the instant case, there was no Defendants asserting that the Defendants commenced supporting the ○○○○○○○○○○○ Party with the intent to pay support payments via the ○○○○○○ Party’s supporters’ association, and there was no circumstance to deem that all or part of the Defendants had an intention to pay support payments through the ○○○○○ Party’s supporters’ association at the time of the payment of support payments on the record of the instant case. Moreover, there was no circumstance to deem that the Defendants had an intention to directly support the ○○○○○○ Party and directly support the ○○○○○○○○○○○○○○○ Party at the time of the commencement of support payment. As long as the Defendants did not recognize the difference between direct support for the ○○○○○○ Party and support payments through the ○○○○○ Party’s supporters’ association, the assertion that the Defendants knew of the fact that they

(2) Determination of justifiable grounds in a mistake of law

Ultimately, even if the amount paid by the Defendants, as alleged by the Defendants, has the nature of support payments to political parties rather than party membership fees, it was not allowed to directly pay support payments to political parties even before March 13, 2006, which existed by the political party’s supporters’ association, and after March 13, 2006, it was not allowed to pay support payments to political parties in any form. Accordingly, the Defendants’ assertion constitutes legal errors rather than as to the absence of criminal intent, regardless of the assertion about support payment before March 13, 2006.

Article 16 of the Criminal Act provides that an act of misunderstanding that one's own act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for misunderstanding. However, it is generally accepted that his act constitutes a crime, but it does not constitute a crime under the Acts and subordinate statutes in his own special circumstances, and if there is a justifiable reason for misunderstanding, it shall not be punishable. Whether there exists a justifiable reason or not shall be determined depending on whether the act of misunderstanding is not aware of the illegality of his own act as a result of the failure to perform his/her duty even though there was a possibility that he/she would have been aware of the illegality of his/her act if he/she had done so with his/her intellectual ability, and the degree of effort necessary for recognizing the illegality should be determined differently depending on the situation of the act, the awareness ability of the offender, and the social group to which the actor belongs (see Supreme Court Decision 2008Do11679, Jul. 15, 2010).

However, the defendants and defense counsels asserted that the act of directly paying support money to the ○○○○○○○○○○○○○ through publicity on the side and explanation of the persons related to the ○○○○○○○○○○○○○○○○○○○○○○○○ Party was legitimate. However, the defendants were sufficiently aware that the act of directly paying support money to a specific political party was more strict than that of a certain political neutrality, such as prohibition of joining a political party, and that the act of directly paying support money to a specific political party was legitimate. In this sense, the defendants should have tried to hear only the explanation of the persons related to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○.

In addition, according to the evidence submitted by the Defendants, it appears that the contents of "political fund donation" in the items of "political fund donation" in the items of "political fund donation" among the guidance for the year-end settlement of school teachers are stated, and that such contents may lead the Defendants to mistake that direct support to a political party may be permitted. However, most of the Defendants appears to have started support for ○○○○○○○○ Party without relation to the above contents of the year-end settlement guidance. However, if the Defendant started support for ○○○○○○ Party pursuant to the above contents of the guidance, it is distinguishable from the above contents of the guidance, and therefore, it appears that the Defendants should have confirmed whether ○○○○○○○○○○ Party was a political party's supporters' association or ○○○○○○○ Party's supporters' association, apart from the above contents of the guidance for the year-end settlement, it is difficult to find the Defendants' legitimate grounds for the interpretation of "the authority or authority of the State Public Officials Act" as the grounds for the determination of "the above ○○○○○○ Party."

As argued by the Defendants, the National Election Commission responded on June 3, 2002 through the inquiry and reply of the National Election Commission that “the person who is not a member of a supporters’ association may contribute money and goods to a supporters’ association.” On August 24, 2005, there is no provision on restrictions under the Political Funds Act regarding whether a person who is not a member of a supporters’ association can contribute a donation. However, whether a person who is not a member of a supporters’ association such as a public official, teacher, etc. paid a donation violates the prohibition on a public official’s political activity or not is in violation of the regulations on interpretation of the State Public Officials Act or the Local Public Officials Act.” However, most of the Defendants appears to have started supporting the ○○○○○○○○○○○○○ party regardless of the interpretation of the National Election Commission’s right, and thus, the Defendants’ interpretation of the provision on the donation to a political party including the above interpretation of the State Public Officials Act is limited only to the donation to a person who is not a member of a supporters’ association, and the reasons for the above interpretation.

Therefore, the circumstances alleged by the Defendants alone cannot be deemed as having made a serious effort to avoid their intellectual ability, and as a result, it cannot be said that there was a justifiable reason for them, since they did not recognize the illegality of their acts.

D. As to the assertion that the violation of the Political Funds Act is subject to the decision to dismiss the prosecution under Article 328(1)4 of the Criminal Procedure Act

In other words, where a person who is ineligible to become a member of a political party under the proviso of Article 22(1) of the Political Parties Act is admitted as a party member under the Political Parties Act, and a person who is a public official or teacher of a private school under Article 2 of the State Public Officials Act is admitted as a party member under the Political Parties Act, the act of joining a party member constitutes a violation of the Political Parties Act regarding the act of joining a party member, and as such, the act of joining a party member with actual appearance (unlegal effect) such as joining a party member because he/she is disqualified as a party member, and the act of paying money under the pretext of the party member fee constitutes a violation of the Political Parties Act ("party membership fee" under the legislative intent of the Political Parties Act). In this case, it is compatible with the violation of the Political Parties Act and the Political Funds Act.

The Defendants are “public officials provided for in Article 2 of the State Public Officials Act and teachers of private schools who are not qualified as party members provided for in the proviso of Article 22(1) of the Political Parties Act, and if those who are not qualified as party members pay the money under the pretext of party members after joining a political party, such act may constitute a violation of the Political Funds Act, separate from the crime of violating the Political Parties Act. As such, the crime of violating the Political Funds Act may be established regarding such act. As such, “The Defendant’s act of paying party members fees by joining the ○○○○○○○ Party” does not constitute a method of contributing political funds provided for in the Political Funds Act. This part of the facts charged does not constitute

[Defense Counsel asserted that a person disqualified for a driver's license under the age cannot be punished for driving without a driver's license (Supreme Court Decision 80Do2646 Decided June 8, 1982). However, the purport of the above precedents is that where a person below the age applies for a driver's license examination under another person's name, it is merely a ground for invalidation under the Administrative Act, but it is merely a ground for revocation, and it does not constitute a driving without a driver's license until the revocation in accordance with the administrative act's fairness. Since there is no administrative disposition confirming the status of a party member in the case of the defendants' party membership, there is no possibility of acquiring a party member's status since there is no possibility of acquiring a party member's status from the beginning, and therefore, it is not a mere comparison with the above precedents.]

E. As to the assertion that “No penal provision shall be imposed on a person who paid a support payment to an illegal supporters’ association or a similar organization of supporters’ association”

Article 45 (2) 1 of the Political Funds Act provides that anyone who is not the designation authority of a supporters' association, but establishes and operates a supporters' association or a similar organization for the purpose of contributing political funds shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won.

○○○○○ Party established and operated a supporters’ association or a similar organization, and the Defendants can be deemed to have paid money to such similar organization, solely based on the fact that the Defendants joined the ○○○ Party as a party member or a member of the supporters’ association, it is difficult to deem that ○○ Party established and operated a supporters’ association or a similar organization. There are no materials to recognize the entity (title, organization, representative, etc.) as a supporters’ association or a similar organization.

In addition, unlike the Defendants’ defense counsel’s premise, there is no reason to view that only the case of receiving and receiving voice political funds under Article 45(1) of the Political Funds Act is limited, and that Article 45(1) of the same Act shall apply to the case of receiving and receiving political funds by means not prescribed in the same Act.

4. Conclusion

For the same reason, the Defendants and the defense counsel’s arguments concerning this part of the facts charged are not accepted.

Grounds for sentencing

The Defendants, on a regular or irregular basis, contributed to KRW 7,35,00 won illegal political funds by transferring money to ○○○○○○○○○○○○ (10,000 won) in total, 7,350,000 won. Such Defendants’ act is an act detrimental to the purpose of legislation of the Political Funds Act, which aims to ensure the adequate provision of political funds, ensure transparency, and prevent irregularities relating to political funds, thereby contributing to the sound development of democratic politics.

However, the Defendants’ regular payments are small amounts of KRW 10,00 through KRW 20,00 per month, and the total amount is not excessive. The Defendants’ contributions were terminated at a considerable period from the date of the prosecution of this case, most of the Defendants appears to have started support prior to March 2006, which was possible to support political parties through a political party’ association. Although there was a mistake in failing to properly verify the form and procedure of support, it is difficult for the general public to understand the difference between direct support to political parties and support through a political party’s association, and the Defendants’ contribution act appears to have some aspects of trusting the Defendants’ explanation on the part of the ○○○○○○○○○○○○○○○○ Party, which did not properly notify the Defendants of the fact that the Defendants’ direct support to political parties is prohibited under the relevant Acts and subordinate statutes. In light of the above circumstances, the Defendants’ loss of the Defendants’ status by sentence of a fine exceeding one million won on the crime of this case was excessively harsh, and all of the orders and orders prescribed under Article 51 of the Criminal Act.

Parts of innocence

1. Summary of the facts charged (Defendant 82)

After being appointed as a teacher of a private school on September 1, 1996, the Defendant is currently serving as a teacher of the Seoul High School, Seoul High School.

Anyone shall be prohibited from contributing any political fund by means that are not prescribed by the Political Funds Act, and anyone who intends to contribute any support fund to any political party before March 13, 2006 shall contribute any support fund to the supporters' association of the political party and shall not directly contribute any support fund to any political party, and from contributing any support fund to any political party from March 13, 2006 when the supporters' association of the political party is abolished.

On or before June 2, 2005, the Defendant filed an application for “the party membership fee (including the party membership fee)” with ○○○○○○○○○ Party, and registered on the roster of party members (the party membership number omitted). On or around August 4, 2006, the Defendant transferred KRW 10,000 from the Defendant’s national bank account to ○○○○○○○○○ Party account through a cm transfer method, which is mediating the Financial Settlement Board, to the party membership fee, from that time to November 3, 2006, and donated political funds by transferring KRW 40,000,000 in total, four times as shown in the following table, from that time, from that time to November 3, 2006.

The temporary transfer amount (won) 10,000 on August 4, 2006 10,000 on September 6, 2006 3, 2003, 10,000 on October 10, 2006 40,000 on April 3, 2006

2. Summary of the defendant's assertion

Around May 2005, the Defendant prepared a written consent for ○○○○○○○ Party’s joining and supporting ○○○○○ Party’s opposition, without any problem. Around January 2006, the Defendant heard that public officials from the surrounding people during the year-end year-end year-end year-end year-end year-end year-end year-end year-end year-end year-end year-end year-end year-end period should not join a political party, and even on January 20, 2006, he sent his intention to resign from ○○○○ Party’s e-mail (or e-mail address omitted) with his intention to resign from ○○○○ Party’s account (or ○○○○○ Party’s intention to refrain from e-mail). Therefore, it cannot be deemed that the Defendant had expressed an intent to support ○○○ Party.

3. Determination

According to the e-mail copy attached to ○○○○○○○○○○○○ Party on January 20, 2006, the Defendant joined the e-mail transfer to ○○○○○○○○ Party on December 1, 201. The Defendant continued to withdraw from the e-mail transfer to ○○○○○ Party on the ground that ○○○○○○ Party can do so without relation to ○○○○○○○ Party’s status. However, considering the fact that ○○○○○○ Party’s annual income deduction, it is difficult to readily conclude that ○○○○○○○○ Party did not join the political party even if ○○○○ Party. Considering that ○○○○○○ Party did not unilaterally express prior notice, it is difficult to conclude that ○○○○○ Party did not unilaterally withdraw from the e-mail transfer to ○○○ Party on the sole basis of the fact that ○○ Party did not want to withdraw from the e-mail transfer to ○○ Party.

4. Conclusion

Thus, the facts charged against Defendant 82 constitute a case where there is no proof of facts constituting a crime and thus, is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure

Acquittaled Parts

Note 36) Acquittal 37)

Ⅰ Summary of the facts charged

A teacher of a national public or public school who is a national public official shall not be a member of a political party, nor be a political party or other political organization, and a teacher of a private school shall not be a member of a political party.

○○○○ Party is a party under a political party law registered on January 30, 200 and made the formation of the political party on May 24, 200.

○○○○○○○ Party has a “party member” and “party member” system as “party member,” and “party member” is entitled to become a political party member pursuant to statutes, and the person participating in the party’s activities consents to the ideology and policy of ○○○○○ Party, and the person participating in the party’s activities is entitled to join the party’s activities, and the person participating in the party’s activities is entitled to participate in the party’s activities. “Party member” has the right to participate in the election, election, and all activities related to the party’s decision-making, and bears the duty to pay party membership fees, to comply with the party’s decision-making and order. The rights and obligations of “party member” are the same as “party member,” and the person who wishes to join “○○○○ Party member” as “party member” in the form of submitting the application for joining the party’s application through a local committee, etc. on his domicile, etc.

On the other hand, the ○○○○○○○ Party newly established and operated the “Ex Post Facto Party Members” system from July 23, 2006, which was after the abolition of the “political Party Supporters’s Association” system on March 13, 2006, “after paying party membership fees and not exercising the right to vote and to be elected.”

1. [Defendant 2]

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1995 and currently serves as a teacher of a second high school.

On or before September 23, 2002, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until March 26, 2008.

2. [Defendant 3]

The defendant is currently serving as a teacher of a third high school who is a private school, after being appointed as a teacher of a private school on May 1, 1996.

On or before December 31, 2003, the Defendant applied for “the party membership fee payment through party membership (including the party membership) and Cms transfer method” to ○○○○○○○ Party, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

3. [Defendant 4]

The defendant is currently serving as a teacher of the first middle school after being appointed as a national or public school who is a state public official on March 1, 1994.

On or before February 21, 2002, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until October 6, 2008.

4. [Defendant 5]

The defendant is currently serving as a teacher of the second middle school after being appointed as a national public official on March 1, 1994.

On or before May 21, 2004, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until February 25, 2008.

5. [Defendant 6]

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 1, 1989 and is currently serving as a third middle school teacher.

On or before March 22, 2000, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until October 6, 2008.

6. [Defendant 7]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1989 and is currently serving as a fourth middle school teacher.

On or before February 24, 2003, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until February 25, 2008.

7. [Defendant 8]

The defendant is currently serving as a teacher of a private school in the fifth middle school after being appointed as a teacher of a private school on October 1, 1998.

On or before June 3, 2004, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

8. [Defendant 10] 10

The defendant is currently serving as a teacher at the first elementary school after being appointed as a teacher at a national or public school on March 1, 1989.

On or before November 20, 2002, the Defendant applied for “the party membership fee payment through party membership (including the party membership) and Cms transfer method” to ○○○○○○○ Party, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

9. [Defendant 11]

The defendant is a person who was appointed as a teacher of a private school on March 1, 1997 and is currently serving as a teacher of a fourth high school who is a private school.

On or before June 15, 2005, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

10. [Defendant 12]

The defendant is a person who was appointed as a teacher of a private school on April 10, 1990 and is currently serving as a teacher of a fifth high school who is a private school.

On or before June 24, 2002, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

11. [Defendant 13]

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1987 and currently serves as a teacher of a second elementary school.

12. [Defendant 14]

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a third elementary school.

13. [Defendant 15]

On or before December 13, 2005, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and CMS transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until December 26, 2007.

14. [Defendant 16]

The defendant is a person who was appointed as a teacher of a private school on March 1, 1997 and is currently serving as a teacher of a sixth high school who is a private school.

On or before February 23, 2004, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until January 25, 2008.

15. [Defendant 17] 17

The defendant was appointed as a teacher of a private school on March 1, 200 and is currently working as a teacher of a high school affiliated with the △△ University University, a private school.

On or before April 2, 2002, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until February 25, 2008.

16. [Defendant 18, 201, 794]

On or before November 28, 2002, the Defendant applied for “the party membership fee payment through party membership (including the party membership) and Cms transfer method” to ○○○○○○○ Party, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

17. [Defendant 201 Gohap799] Defendant 20

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1984 and is currently serving as a middle school teacher.

On or before December 3, 2002, the Defendant applied for “the party membership fee (including the party membership fee)” to ○○○○○○○○○○ Party and applied for “the automatic payment of the party membership fee through the method of joining party members and Cms transfer,” and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until February 25, 2008.

18. [Attachment 2011, 802] Defendant 21

After being appointed as a teacher of a private school on March 1, 1992, the Defendant is currently serving as a teacher of a private school at the 8 high school.

On or before June 2, 2005, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

19. [Defendant 22]

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 199 and currently serves as a teacher of the fifth elementary school.

On or before May 2, 2002, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

20. [Defendant 201, 806] Defendant 23

After being appointed as a teacher of a private school on September 1, 1994, the Defendant is currently serving as a teacher of a private school at the 9-high school.

On or before April 22, 2004, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until October 6, 2008.

21. [Defendant 201 Gohap809] Defendant 24

On or before April 1, 2004, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until February 25, 2008.

22. [Defendant 25]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1998 and is currently serving as a junior nine middle school teacher.

On or before July 26, 2006, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until December 26, 2007.

23. [Defendant 201 Gohap814] Defendant 26

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1989 and currently serves as a teacher of a high school 10 high school.

On or before June 1, 2002, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

24. [Defendant 201 Gohap816] Defendant 27

On or before November 22, 2001, the Defendant applied for “the party membership fee payment by joining party members (including party members)” and Cms transfer method to ○○○○○○○ Party, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

25. [Defendant 201 Gohap819] Defendant 28

The defendant is currently serving as a teacher in the 11st middle school after being appointed as a national or public school who is a state public official on March 1, 1990.

On or before March 23, 2004, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (PP omitted) and was admitted as a party member until January 25, 2008.

26. [Defendant 201 Gohap82] Defendant 29

The defendant is currently serving as a teacher at the 7th elementary school after being appointed as a teacher at a national or public school on June 22, 1991.

On or before January 21, 2005, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until March 26, 2008.

27. [Attachment 2011, 824] Defendant 30

The defendant is a person who was appointed as a teacher of a private school on March 1, 2007 and is currently serving as a teacher of a high school at the 11st high school.

Around May 2006, the Defendant applied for the “Automatic Payment of Party Fees” to the ○○○○○○○○○○ Party through the means of joining party members (including party members) and cms transfer, and was registered on the roster of party members (excluding party members omitted), and was admitted to the party members until January 25, 2010.

28. [Defendant 31]

After being appointed as a teacher of a private school on September 1, 1991, the Defendant is currently serving as a teacher of a private school at the 8 high school.

On or before June 2005, the Defendant applied for the “Automatic Payment of party membership fees by means of joining party members (including party members) and cms transfer method to ○○○○○○○○○○○○ (including party members), and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

29. [Defendant 32]

On or before June 2004, the Defendant applied for the “Automatic Payment of party membership fees by means of joining party members (including party members) and cms transfer method to ○○○○○○○○○ Party, and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

30. [Defendant 3] 3

On or before September 3, 2003, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until December 26, 2007.

31. [Defendant 34]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 13 middle school teacher.

On or before May 3, 2004, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

32. [Defendant 35]

The defendant is currently serving as a teacher at the 12th high school after being appointed as a teacher at a national or public school on March 11, 1991.

On June 2, 2005, the Defendant applied for the “Automatic payment of party membership fees through the method of joining party members (including party members) and Cms transfer to ○○○○○○○○○○ (including party members), and registered on the roster of party members (the party members omitted), and was admitted as party members until September 25, 2008.

3. [Defendant 36]

After being appointed as a teacher of a private school on April 26, 1990, the Defendant is currently serving as a teacher of a private school at the 13th high school.

On or before July 1, 2005, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

34. [Defendant 37]

35. [Attachment 2011, 845] Defendant 38

The defendant is currently serving as a teacher in the 14th middle school after being appointed as a national public official on August 21, 1995.

On or before January 9, 2003, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until February 25, 2008.

36. [Attachment 2011, 848] Defendant 39

After being appointed as a teacher of a private school on March 1, 1995, the Defendant is currently serving as a teacher of a sixth high school who is a private school.

On or before June 2, 2004, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until January 25, 2008.

37. [Defendant 40] Defendant 40

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 15 middle school teacher.

Around May 2002 or before that date, the Defendant applied for the “voluntary payment of party membership fees through the method of joining party members (including party members) and cms transfer to ○○○○○○○○○○○ (including party members), and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

38. [Defendant 41]

The defendant is currently serving as a teacher at the 8th elementary school after being appointed as a teacher at a national or public school on March 19, 1986.

On or before March 31, 2005, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

39. [Defendant 43]

The defendant was appointed as a teacher of a private school on March 1, 1988 and is currently serving as a teacher of a private school at the 17 middle school.

On or before February 23, 2005, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until January 25, 2008.

40. [Attachment 2011, 861] Defendant 44

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 1, 198 and is currently serving as a 18 middle school teacher.

On or before June 2002, the Defendant applied for the “Automatic Payment of party membership fees through the method of joining party members (including party members) and cms transfer to ○○○○○○○○○ Party, and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until July 25, 2008.

41. [Defendant 45]

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of the 9th elementary school.

On or before October 22, 2002, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including the party membership fee) and the “Automatic payment of the party membership fee through the Cms transfer method,” and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

42. [Defendant 46]

The defendant is a person who was appointed as a teacher of a private school on October 5, 1988 and is currently serving as a teacher of a private school at the 15th high school.

On or before March 4, 2005, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until January 25, 2008.

43. [Defendant 47]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1994 and is currently serving as a 19 middle school teacher.

On or before October 22, 2003, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including the party membership fee) and the “Automatic payment of the party membership fee through the Cms transfer method,” and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

44. [Attachment 2011, 871] Defendant 48

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1981 and is currently serving as a 10 middle school teacher.

On or before July 2, 2004, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

45. [Attachment 2011, 873] Defendant 49

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 20 middle school teacher.

On or before August 22, 2005, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○○ (including party members) through the method of joining party members and Cms transfer, and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

46. [Attachment 2011, 875] Defendant 50

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1991 and is currently serving as a middle school teacher.

On or before October 13, 2004, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (excluding party membership fee omitted5), and was admitted as a party member until December 26, 2007.

47. [Defendant 51] 51

The defendant is currently serving as a teacher in the 21st middle school after being appointed as a national public official on March 1, 1986.

On or before July 21, 1998, the Defendant applied for “the party membership fee payment (including the party membership fee)” to ○○○○○○○○○ Party and applied for “the automatic payment of the party membership fee through the method of joining party members and Cms transfer,” and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until February 29, 2008.

48. [Defendant 52]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 2002 and is currently serving as a teacher of a middle school of 22.

On or before May 25, 2006, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until January 25, 2010.

49. [Defendant 53]

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1994 and is currently serving as a teacher of a middle school of 23th.

On or around April 200, the Defendant applied for “voluntary payment of party membership fees through the method of joining party members (including party members) and cms transfer to ○○○○○○○○○○○ (including party members), and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until January 25, 2008.

50. [Defendant 54] 54

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1983 and is currently serving as a teacher of a middle school of 24.

On or before December 21, 2001, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

51. [Defendant 5] 55

After being appointed as a teacher of a private school on March 17, 1994, the Defendant is currently serving as a teacher of a private school at the 25 middle school.

Around May 2006 or before that date, the Defendant applied for the “voluntary payment of party membership fees through the method of joining party members (including party members) and cms transfer to ○○○○○○○○○○○○ (including party members), and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

52. [Defendant 56]

The defendant is currently serving as a teacher of a national or public school who is a national public official on September 1, 1992 and is currently serving as a teacher of a 33 middle school.

On or before March 23, 2004, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

53. [Defendant 57]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1983 and is currently serving as a 26 middle school teacher.

On or before May 23, 2002, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

54. [Attachment 2011, 903] Defendant 58

5. [Attachment 2011, 905] Defendant 59

The defendant is a person who was appointed as a teacher of a national or public school on September 7, 1987 and currently serves as a teacher of a 16 high school.

56. [Defendant 60]

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of the 11th elementary school.

57. [Defendant 62]

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1994 and is currently serving as a teacher of a middle school of 27.

On or before February 2002, the Defendant applied for the “voluntary payment of party membership fees through the method of joining party members (including party members) and cms transfer to ○○○○○○○○○○○ (including party members), and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

58. [Defendant 63]

The defendant is a person who was appointed as a teacher of a national or public school on May 1, 1979 and currently serves as a teacher of the 12th elementary school.

On or before December 9, 2004, the Defendant applied for “the party membership fee payment (including the party membership fee)” to ○○○○○○○○○○ Party by means of joining party members and Cmsc transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

59. [Defendant 64]

After being appointed as a teacher of a private school on August 1, 1984, the Defendant is currently serving as a teacher of a private school at the 28 middle school.

60. [Defendant 65]

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 1, 199 and is currently serving as a teacher of a middle school 29.

On or before May 20, 2004, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until January 25, 2008.

61. [Defendant 66]

After being appointed as a teacher of a private school on March 1, 1995, the Defendant is currently serving as a teacher of a private school at the 17th high school.

On or before February 2004, the Defendant applied for the “voluntary payment of party membership fees through the method of joining party members (including party members) and cms transfer to ○○○○○○○○○○○ (including party members), and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

62. [Defendant 67]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 1990 and is currently serving as a 30 middle school teacher.

On or before November 1, 2002, the Defendant applied for “the party membership fee payment (including the party membership fee)” to ○○○○○○○○○ Party by means of joining party members and Cmsc transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until February 25, 2008.

63. [Defendant 68]

The defendant is currently serving as a teacher of a national or public school who is a state public official on September 7, 1987 and is currently serving as a junior junior middle school teacher.

On or before September 23, 2003, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

64. [Attachment 2011, 931] Defendant 69

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a high school 18 high school.

On May 2006, the Defendant applied for the “voluntary payment of party membership fees through the method of joining party members (including party members) and cms transfer to ○○○○○○○○○○ (including party members), and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until December 26, 2007.

65. [Attachment 2011, 933] Defendant 70

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1990 and currently serves as a teacher of the 13th elementary school.

On or before January 29, 2003, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

66. [Attachment 2011, 935] Defendant 71

The defendant is currently serving as a teacher at the 14th elementary school after being appointed as a teacher at a national or public school on September 11, 1996.

On or before September 30, 2003, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until September 25, 2008.

67. [Defendant 7] 72

After being appointed as a teacher of a private school on April 1, 1996, the Defendant is currently serving as a teacher of a private school at the 32 middle school.

Around July 2006 or before that, the Defendant applied for “Automatic payment of party membership fees through the method of joining party members (including party members)” and Cms transfer to ○○○○○○○○ Party, and registered (party members omitted) on the roster of party members, and was admitted to the party members until August 25, 2008.

68. [Attachment 2011, 943] Defendant 73

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1995 and currently serves as a teacher of the 15th elementary school.

69. [Defendant 7] 74

The defendant is currently serving as a teacher at the 16th elementary school after being appointed as a teacher at a national or public school on May 13, 1982.

70. [Defendant 75]

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 10, 1992 and is currently serving as a teacher of a middle school of 27.

A. On or before December 21, 2001, the Defendant applied for the “voluntary payment of party membership fees by joining party members (including party members)” and CMS transfer method to ○○○○○○○○○ Party, and registered (party members omitted) on the roster of party members, and was admitted as party members until September 25, 2008.

B. On or before April 14, 2005, the Defendant applied for “the automatic payment of expenses for a supporters’ association by joining a supporters’ association and cms transfer method” to the ○○○○○○○○○ Party, and became a supporters’ association member (the number of supporters’ association members omitted), and from December 11, 2007, the Defendant was converted to the sponsor after July 2006, and was admitted to the sponsor from January 21, 2009.

71. [Defendant 76]

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1987 and is currently serving as a teacher of a 33 middle school.

72. [Defendant 7] 77

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a 19 high school.

73. [Defendant 7] 78

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 17, 1985 and is currently serving as a teacher of a middle school of 22.

74. [Defendant 7] 79

The defendant is a person who was appointed as a teacher of a national or public school on March 7, 1994 and currently serves as a teacher of a high school 20 high school.

75. [Attachment 2011, 963] Defendant 80

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1985 and currently serves as a teacher of a high school 21.

On or before January 23, 2002, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until January 25, 2008.

76. [Attachment 2011, 966] Defendant 81

The defendant is currently serving as a teacher of a national or public school who is a national public official on March 1, 1994 and is currently serving as a teacher of a 34 middle school.

On November 2004, the Defendant applied for the “voluntary payment of party membership fees” to the ○○○○○○○○○ Party by means of joining party members (including party members) and cms transfer method, and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until December 26, 2007.

77. [Attachment 2011, 972] Defendant 83

피고인은 1996. 3. 1.경 사립학교 교원으로 임용된 후 현재 사립학교인 ◎◎◎◎학교 교원으로 재직 중인 사람이다.

On or before March 3, 2004, the Defendant applied for the “Automatic Payment of Party Fees” to ○○○○○○○○○○ Party through the method of joining party members (including party members) and the method of transferring Cms, and was registered on the roster of party members (the party members omitted) and was admitted as party members until June 25, 2008.

78. [Defendant 8, 201, 974]

The defendant is a person who was appointed as a teacher of a national or public school on September 1, 1985 and currently serves as a teacher of the 17th elementary school.

A. On or before April 22, 2004, the Defendant applied for “Automatic payment of party membership fees through the membership of party members (including party members) and the CMS transfer method” to ○○○○○○○○ Party, and was registered on the roster of party members (the party members omitted) and was admitted as party members until September 25, 2008.

B. On or before July 2007, the Defendant applied for “the automatic payment of the sponsoring party membership fee” to the ○○○○○○○○○○○○○○ Party, and became the sponsoring party member (the number omitted) and was subscribed to the sponsoring party until April 21, 2008.

79. [Attachment 2011, 976] Defendant 85

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 198 and is currently serving as a teacher of a high school 22.

80. [Attachment 2011, 979] Defendant 86

The defendant is a person who was appointed as a teacher of a national or public school on March 1, 1994 and currently serves as a teacher of a high school 23 high school.

On or before September 23, 2002, the Defendant applied for the “voluntary party membership fee payment” to ○○○○○○○○○○ (including party membership fee) through the method of joining party members and Cms transfer, and was registered on the roster of party members (the party membership number omitted), and was admitted as a party member until February 25, 2008.

81. [Defendant 87]

Around May 2002 or before that, the Defendant applied for “Automatic payment of party membership fees through the method of joining party members (including party members)” and Cms transfer to ○○○○○○○○ Party, and was registered on the roster of party members (excluding party members omitted), and was admitted to the party members until February 25, 2008.

82. [Attachment 2011, 985] Defendant 88

The defendant is currently serving as a teacher at the 18th elementary school after being appointed as a teacher at a national or public school on March 11, 1980.

On or before November 12, 2004, the Defendant applied for the “voluntary party membership fee payment” from ○○○○○○○○○ Party by joining party members (including party members) and by means of CMS transfer, and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

Ⅱ Summary of the Defendants (Defense Counsel) and the Prosecutor’s Opinion

1. Defendants and defense counsel

○ Violation of the State Public Officials Act and Violation of the Political Parties Act as stated in each of the above facts charged constitute an immediate crime upon completion of the act of joining a party member or a supporters’ association member. This part of the indictment against the above Defendants was filed on July 21, 201, after three years have passed since the statute of limitations under the former Criminal Procedure Act (amended by Act No. 8730, Dec. 21, 2007) was passed from the time of joining each of the facts charged.

○ Continuous crime requires the continuity of an act as well as the occurrence of an unlawful state. As such, the continuation of an act and the continuation of an illegal state coincides with the continuation of an act. An immediate crime is completed at the same time with the occurrence of a constituent consequence. As to the nature of an act related to joining an organization, the Supreme Court consistently held that “an immediate crime upon which an act is completed by forming or joining the organization.”

○ An act constituting a violation of the Political Parties Act, namely, an act of becoming a member of a political party, i.e., an act of joining a party member and an act of violating the State Public Officials Act, is a “act of joining a political party” as it is in the text of the law. When an act of joining has been terminated,

2. A prosecutor;

The continuing crime is a crime in which the state of illegality is maintained even after the infringement of legal interest has been completed, and the intention on the state of illegality is maintained and continued, and in case law, the requisite act of the crime continues to continue at the time or the state of provisional illegal act continues to continue. For the following reasons, the violation of the Political Parties Act and the violation of the State Public Officials Act as stated in each of the above charges are not immediate crimes but continuous crimes.

A. Violation of the Political Parties Act

○ Political Parties Act punishs “a person who becomes a party member” and does not write an expression “a person who has joined” unlike other crimes that constitute a crime of joining a political party under judicial precedents. As such, the Political Parties Act explicitly intends to punish a person who is ineligible as a party member, and thus, continues to continue to exist at a time in accordance with the elements of a law, since it is apparent in the language of the law.

The current state of violation of the Political Parties Act, in violation of the Political Parties Act, in which the status of becoming a member, continues, and the act of becoming a member includes a wide range of political activities such as the payment of party membership fees and participation in decision-making.

The core of the illegality of the act of joining a foreign organization, violence organization, etc. is directly related to the illegality of the organization. However, since the violation of the Political Parties Act continues to exist in a state of violation of the prohibition obligation, the period in which the person who became a member of the political party maintains his status as the core of illegality is the "identification" of the person who became a member of the political party. Therefore, the elements of the act

(b) Violation of the State Public Officials Act;

However, Article 65 of the State Public Officials Act imposes a continuous prohibition on a political party as long as he/she holds his/her status, and Article 84 of the State Public Officials Act imposes a penalty for violation of the duty of omission by prescribing penal provisions on this matter. Thus, the above "admission" cannot be interpreted as a temporary and disposable violation of the duty of omission.

○ Similar to the violation of the Political Parties Act, as in the case of the violation of the Political Parties Act, a state of infringing on political neutrality as long as admission is terminated and maintaining party membership continues to exist, and there is the core of illegality in the "identification" of a party.

The general attitude of the theory on the crime of joining the ○○ Group shall be regarded as continuing crime, unlike the case law.

C. Substantial problems if viewed as an immediate crime

Unlike the crime of joining other organizations, there is no provision for punishment for activities after joining, and there is a gap in the following punishment.

If it is discovered that three years have passed after joining a party member, it is difficult to punish him or her, and if he or she continues to engage in activities as a party executive officer or exercise voting rights after he or she has been punished once as a violation of the Political Parties Act, he or she shall not be punished.

In the case of ○ State public officials, the State Public Officials Act can punish the act of paying party membership fees, but in the case of local public officials and private school teachers, there are problems that can not be punished, and disciplinary punishment is separate from criminal punishment, and disciplinary punishment may also be limited, and there may be problems that can continue to maintain political party activities in accordance with

After joining a political party, a person who has become a teacher or a public official while maintaining his status as a party member cannot be punished as it is impossible to present his membership itself.

III. Judgment

1. Relevant provisions of the Political Parties Act and the State Public Officials Act;

Attached Form 1 see the relevant legal provisions.

2. Violation of the Political Parties Act and violation of the State Public Officials Act;

Article 65(1) of the State Public Officials Act refers only to a party membership under the law of a political party. Ultimately, the meaning of "person who has become a party member" under Article 53 of the Political Parties Act and "party membership" under Article 65(1) of the State Public Officials Act is the same, and therefore, the determination as to whether to continue to commit a crime is also the same.

3. Review:

In full view of the following facts, since violation of the Political Parties Act and violation of the State Public Officials Act due to joining party members and supporters' association members constitutes an immediate crime, it is reasonable to view that the statute of limitations is calculated from the point of time registered on the roster of party members and the point of time when the supporters' association members become members of the supporters' association (after-party members).

The crime of joining an organization is completed when the procedure of joining is completed, but if it is completed when the other party is aware of, or can be deemed to have approved, the declaration of intention in the case of verbal joining the organization, and if the other party can be deemed to have approved or approved it in writing, the elements of the crime of joining are terminated, and the requirement of the crime of joining are not required to continue to exist in time, such as the crime of arrest, confinement, and confinement, etc. In addition, unless the organization withdraws from the organization, it may be doubtful whether the illegal state of a member of the organization itself does not continue. However, the act of joining the organization does not continue itself, but the result of the constituent consequence continues after the completion of the act of joining the organization is not different from the acquisition of another person's property in larceny or embezzlement, which is distinguishable from the continuation of the illegal state in the crime of continuing joining the organization (see Supreme Court Decision 4293Ma57, Apr. 5, 1960).

In the case of violation of the State Public Officials Act, the term “party membership” in the text of the Act clearly states that the elements of a party are “a person who becomes a party member”. On the other hand, in the case of violation of the Political Parties Act, there exist differences in the expression of “party membership”, but in the nature of a political party that has the nature of an association, a party member becomes a party member to join a political party. In addition, Article 23 of the Political Parties Act also provides for the application for entry into a party, deliberation of an examination agency, decision of whether to grant permission, procedure for registration of a party membership, and confirmation provision that the term “party membership” takes effect when the party membership on a roster of party members and is not recognized as a party member. Thus, in the case of a violation of the Political Parties Act, the act of becoming a party member, i.e., the act of becoming a party member to become a party member, and the crime of violating the State Public Officials Act and the act of joining another organization and its nature.

According to the legal principles on the provisions of the Political Parties Act and the crime of joining a political party as a party member, the act of joining a political party as a party member is terminated by being registered on the roster of party members, and any additional act is not required after being registered on the roster of party members, and the act of becoming a party member was terminated at the time when he/she becomes a party member with the approval of the other party

○ The Political Parties Act and the State Public Officials Act, unlike other crimes against the other crimes of joining, have a penal provision that prohibits any violation of the prohibition, and there is a somewhat different form of the provision. In other cases of other crimes, “organization itself” is illegal, but the violation of the Political Parties Act is punished as a teacher or a public official, and thus there is a little difference in the nature of a crime. However, depending on such difference in the form or nature of the provision, the point at which the “influent act” itself does not differ from other crimes of joining.

Although the illegality of ○○○ Teachers and Public Officials’ membership in a political party continues to continue until they withdraw from the political party even after the termination of their membership, the act of becoming a party member in violation of the duty of prohibition of joining the political party and the act of becoming a party member after the completion of the duty of prohibition of joining the political party shall be strictly divided and examined. If the statute of limitations does not run even if the act itself did not run any political party after only joining the party member, it would also result in unreasonable results.

○ Although there is concern that the punishment due to the completion of the statute of limitations may arise when deeming a violation of the Political Parties Act as an immediate crime, the act of paying party membership fees after joining a party member may be punished as a violation of the Political Funds Act (in the case of a party member or a private school member, the act of paying party membership fees shall be punished as a violation of the Political Funds Act (in the case of a party member, the act of voting as a party member or going to an election as a party member). As such, the crime of violation of the Political Funds Act shall be strictly followed. In the case of a party member, several political acts for the party member, such as Article 84, Article 65(2) through (4) of the State Public Officials Act, Article 27 of the State Public Officials Service Regulations (Provided, That the same shall not apply to a local public official or a private school member, Article 65(4) of the State Public Officials Act, Article 27 of the State Public Officials Service Regulations) and disciplinary action, etc.

In the case of Article 4 of the Punishment of Violences, etc. Act, the Supreme Court Decision 93Do99 Decided June 8, 1993 ruled that Article 4 (1) of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 1990) is an immediate crime. After revising Article 4 (1) through the amendment of December 10, 1993 to "organization and activities of an organization, etc.," the head of Article 4 (2) was newly enacted a penal provision for various activities after joining the organization, etc., and revised on March 24, 2006, Article 4 (1) stated that "a person who forms an organization or group for the purpose of committing a crime prescribed in this Act, or who joins such an organization or group or group, or who joins such an organization or group as a member thereof, shall be punished by the following".

IV. Conclusion

Therefore, each part of the indictment against the above Defendants is clearly recorded that the statute of limitations has been filed on July 21, 201 after the time of joining the above facts charged. Thus, each part of the indictment against the above Defendants constitutes the time when the statute of limitations has expired, and thus, each of the indictment against the above Defendants is acquitted in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act.

[Attachment]

Judges Jeong Jae-soo (Presiding Judge)

1) As to the contribution of political funds, teachers of national and public schools were indicted for the violation of the Political Funds Act and the violation of the State Public Officials Act (Provided, That in consideration of the statute of limitations, only the portion paid after July 26, 2006 was indicted for the violation of the Political Funds Act, and the portion paid before July 25, 2008 was charged for the violation of the Political Funds Act), and teachers of private schools were indicted for the violation of the Political Funds Act.

2) Although the prosecutor indicted the Defendants for the payment of the party membership fee under the name of “party membership fee”, it is insufficient to recognize that the Defendants intended to subscribe to the membership fee, as seen thereafter, and it appears difficult to conclude that the Defendants intended to pay the “party membership fee” to a political party directly as a party member under the law at the time of paying the money, and that the part of the prosecution instituted by the prosecutor for the payment of the “party membership fee” to the political party was changed to the name of “support fund” (Provided, That the prosecutor indicted the Defendants for the purport that the amount that the Defendants joined as the “party membership fee or support fund” was paid under the name of a supporters’ association fee or support fund. According to the evidence submitted by the prosecutor, the Defendants’ intent to transfer the amount to the “party membership fee or support fund” is recognized as having been the intent of transferring the Defendants

3) Although the applicable provisions of the indictment include “Article 65(4) of the State Public Officials Act”, the facts constituting the facts in the indictment are not stated, and the above applicable provisions of the law are deemed to be erroneous.

Note 4) The indictment’s “ May 25, 2006.” is a clerical error in the indictment’s “ July 26, 2006.”

Note 5) The “51842” of the indictment is a clerical error in the “51892” (No. 12, No. 7147 of investigation records).

Note 6) The indictment’s “round June 2, 2006” is a clerical error in the phrase “ around June 2, 2005.” (No. 12, 7291 of the Investigation Record).

(7) Although the facts charged indicate that “the cost of a supporters’ association through the method of joining a supporters’ association and the method of cm transfer”, since July 23, 2006 through the abolition of ○○○○○○ Party’s “Supportive Party” system and the system was newly established, Defendant 43 appears to have joined the “Supportive Party” and paid the money under the pretext of “Supportive Party Fee” [the point of time of registration for cm transfer is February 1, 2007 (No. 12: 7438 of the Investigation Record). The time when the first transfer of money was commenced on February 20, 2007 (the time when the Investigation Record 12 rights7439, 7441), and Defendant 43 was lower that Defendant 43 joined the “Supportive Party.”

Note 8) The “10,000 won” of the indictment appears to be a clerical error in the “20,000 won”.

9) Although the facts charged indicate that “the cost of a supporters’ association through the method of joining a supporters’ association and the method of cMS transfer”, since July 23, 2006, the “○○○○○ Party’s supporters’ association members” system was abolished and newly established, and thus, it appears that the money was paid as “the cost of a supporters’ association” for the purpose of “the cost of a membership fee” [the time of registration for the transfer is April 17, 2007 and the time of the first request for the withdrawal of the money was made as “the time of registration for the transfer of the money” (the time of registration is April 17, 2007 and the number of the payer is 7874 pages), and it is low that Defendant 65 had subscribed as “the cost of a supporters’ association” before that time];

10) The facts charged indicate that “the cost of a supporters’ association through the method of joining a supporters’ association and the method of cMS transfer,” but since July 23, 2006 through the abolition of ○○○○○ Party’s “Supportive Party” system and the system was newly established, it appears that the money was paid under the pretext of “Supportive Party Fee” [the point of time of registration for cm transfer is August 2, 2007 (the point of time of registration for cm transfer is August 2, 2007) and the number of the payer is “the time of the first request for withdrawal” as “the time of the request for withdrawal is August 20, 2007,” and thus, it is low the possibility that Defendant 67 had subscribed as “Supportive Party.”

Note 11) The “9018716” of the indictment is a clerical error in the “9018776” (investigative Records 8071, 8072 pages).

(12) Although the facts charged are indicated as “expenses for supporters’ associations”, since July 23, 2006, the “member of supporters’ association” system was abolished and the “member of a supporters’ association” system was newly established, the facts charged were changed under the name of “member of a supporters’ association or a support for supporters’ association.”

The facts charged are stated as the “Support Expenses for Supporters,” but since July 23, 2006, the “Support Expenses for Supporters” system was abolished, and the “Support Expenses for Supporters” system was newly established, so the facts charged were changed under the name of “Support Expenses for Supporters or Support Expenses for Supporters.”

(14) Although the facts charged indicate that “the cost of a supporters’ association through the method of joining a supporters’ association and the method of cMS transfer”, since July 23, 2006, ○○○○○○○ Party’s “Supportive Party” system was abolished and the system was newly established, it appears that the payment was made as the “Supportive Party membership fee” [the time when the first demand for withdrawal was made with the “Supportive Party membership fee” (the number of the payer is omitted) and the time when the first demand for withdrawal was made is July 20, 2007, and Defendant 84 is less likely to subscribe as the “Supportive Party membership fee” before that date];

(15) Article 45 (Offense of Giving and Receiving Political Funds) (1) Anyone (referring to a person who commits the relevant act of violation as a member of a political party, a supporters' association, a corporation or any other organization; hereinafter the same shall apply) who contributes or receives political funds by means not prescribed in this Act shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won: Provided, That the same shall not apply to cases where anyone who contributes or receives political funds is a relative provided for in the provisions of Article 77 of the Civil Act.

A) On June 2006, 006, ○○○○○○ Party received a reply from her National Assembly member to the election commission: “If a party member who pays party membership fees among party members and does not exercise political rights, such as voting rights and eligibility for election, is separately managed under the name of her sponsor, it shall be determined whether this is unlawful under the Political Parties Act. Whether a party member is to become a her sponsor or not shall be decided by her free will.” On the other hand, in the manual for 2006 party executives of ○○○○○○○○ Party, the “party member and sponsoring party member” stated that “where a party member is a party member who has a right of party members, and the sponsor is a party member, she shall be able to actively participate in the activities of the party member, and shall be selected from among the party members and sponsoring party members.”

Note 17) In the party constitution, the party rules were deleted, and the party rules maintained the party rules. However, prior to the amendment, Article 11(1) and (4) stating that “the rights and obligations of the party members are the same as those of party members” was deleted.

Note 18) See the full-time manual in 2005 for 2005 for ○○○○○○○ (hereinafter “205 manual”) and the watchkeeping in 2006 (hereinafter “206 manual”).

Note 19) The Political Parties Act and ○○○○○ Party’s regulations are deemed to have no party members qualification examination organization as a party member under the Political Parties Act.

20) In the case of a return by the central party, there are cases where there is no contact information in the case of a party member who has left from the party (in the case of a return decision through the steering committee of the local committee, it is approved by the central party) who has left the party.

21) On the contrary, Nonindicted Party 2 stated to the effect that “Supporters and Support Party Members need to be approved in the Central Party Program” during the examination process of the instant case 2010 Gohap497.

22) On the other hand, ○○○○ Party has received a transfer of money, the characteristics of which are entirely different, such as land price, through the same cMS transfer method, and even in this case, it appears that the number of payer was assigned, but the system to assign the number is different (4 to 5). In the manual of 2005, the manual of 2005 states that “the original management program” and “the institution self-management program” are not linked.

Note 23) In the composition items of this file, there are details of entry in the passbook other than the amount requested for withdrawal, resident registration number of the name of the passbook, and the payer number, etc. (the details of withdrawal indicated in the passbook). Accordingly, the contents of entry in the passbook entered by the user institution (○○○○○) are entered in the passbook of the payer (in this case, the Defendants’ passbook).

Note 24) A commercial bank that opened an account with which a payer’s money is withdrawn is a structure that forms a bank that directly deposits the same amount of money as the actual contribution to the CMS master account (in the case of this case, a national bank) and the settlement process between the parent account issuing bank and the bank that opened the payer’s account is made by the difference settlement system established in the Bank of Korea.

Note 25) It can be identified as “*****” but may be treated in anonymously among 16 parts of the 16th EMs who have joined the Democratic Labor Group.

Note 26) It can be seen close to the meaning of paragraph 3 of the preceding paragraph.

Note 27) It shall be interpreted as a provision delegated to Presidential Decrees, etc. any political act prohibited in addition to the political act in paragraphs 1, 2, and 3.

Note 28) The defense counsel asserted only with respect to the violation of the State Public Officials Act, but it is also a problem about the violation of the Political Funds Act.

29) This part of the assertion appears to be related to the Defendants who were indicted for the transfer of money under the pretext of the party members who joined the party members’ association or the party members’ membership fee. The part that paid the money under the pretext of the supporters’ association expenses or the party members’ membership fee was acknowledged as stated in the facts charged.

30) The ○○○○○ Party sent that, in the case of teachers and public officials, even if the principal applied as a member of a supporters’ association, he/she would be biased to and manage the school as a “party member.”

Note 31) Defendants 4, 6, 23, 30, 52

32) After the abolition of a supporters’ association ( March 13, 006), the assertion that “after the abolition of the supporters’ association, the supporters’ association was aware that the supporters’ association exists and was willing to pay support payments to the supporters’ association may also be assessed as a assertion of mistake in fact. However, the Defendants do not seem to have asserted this purport.

33) According to the summary of the Supplementary Statement submitted by the defense counsel on January 18, 2012, the following are presented based on the active public relations of ○○○○○○○○○○○○○○○○○○○○○, Nonindicted Party 1, who was affiliated with ○○○○○○○○○○○○○○○○○○○, the National Election Commission’s official confirmation as to whether a person is eligible to become a member, and the details of the guidance on the year-end settlement at the school in

Note 34) Defendant 1

Note 35) Defendant 52

Note 36) Defendants 1, 9, 19, 42, and 82 were not prosecuted in connection with the establishment of a political party.

37) Defendants indicted to the effect that not only the “party joining” but also the “party joining a supporters’ association or a support party membership” among the Defendants indicted regarding the “party joining a political party” (75,84): Provided, That Defendants 75 and 84 indicted with respect to the “party joining a supporters’ association or support party membership” were indicted only for a violation of the State Public Officials Act, and not for a violation of the Political Parties Act (see, e.g., Supreme Court Decision 6 pages 26, 201).

Note 38) The “51842” of the indictment is a clerical error in the “51892” (No. 12, 7147 pages of investigation records).

Note 39) The indictment’s “round June 2, 2006” is a clerical error in the phrase “round June 2, 2005,” (No. 12, 7291, an investigative record).

Note 40) The “9018716” of the indictment is a clerical error in the “9018776” (No. 8071, 8072 pages).

41) Although the facts charged indicate that “the cost of a supporters’ association through the method of joining a supporters’ association and the method of transferring cms,” since July 23, 2006, ○○○○○○ Party’s “Supportive Party Members” system was abolished, and the “Supportive Party Members” system was newly established, it appears that the facts charged were paid as “the cost of a supporters’ association membership” by joining the “Supportive Party Members

42) In the event of joining a sponsor, it does not constitute a crime of political party joining under Article 65(1) of the State Public Officials Act. However, given that there exist grounds for acquittal as to the completion of statute of limitations, a judgment of acquittal, which is a type judgment, shall not proceed to the substantive judgment as to whether a person is guilty (see, e.g., Supreme Court Decision 64Do134, Apr. 28, 196

43) The Supreme Court has consistently held that the nature of the crime of joining the North Korean Labor Party in the above ruling on the case of joining the North Korean Shipbuilding Labor Party was an immediate crime (see, e.g., Supreme Court Decisions 91Do3, Mar. 12, 1991; 93Do99, Jun. 8, 1993).

According to the prosecutor's above assertion, if an organization joining a political party is an illegal organization and its illegality is larger than that of the illegal organization, the statute of limitations is run immediately, and if the organization joining a political party differs depending on the person's identity, its illegality is relatively minor, but the statute of limitations may not run immediately. In addition, the prosecutor asserts that it should be considered in determining whether the protected legal interests of the Political Parties Act, the State Public Officials Act, etc. are continuously committed, but it is not necessary to regard only the violation of the Political Parties Act, etc. as continuing crime, etc. by specifically giving priority to the protected legal interests of other criminal organizations, compared to the protected legal interests of other criminal organizations.

45) If a person who is not qualified as a party member (including both teachers of private schools and local public officials) joins as a party member and pays a party membership fee to a political party, the fact that Article 45(1) of the Political Funds Act is violated is the same as mentioned above.

46) Any person who forms an organization or group with the intent to commit a crime as provided in Article 4 (Organization of Organizations, etc.) of the Punishment of Violences, etc. Act (wholly amended by Act No. 3279, Dec. 18, 1980) shall be punished by death or imprisonment for life or for not less than 10 years:

(4) Any person who forms an organization or group with the intent to commit an offense provided for in this Act or joins such an organization or group shall be punished by the following:

The statute of limitations under the current Criminal Procedure Act is five years, but the Addenda to the Criminal Procedure Act (No. 8730, Dec. 21, 2007) is three years, since the statute of limitations on the previous crime on December 21, 2007, which was the enforcement date of the Act, pursuant to Article 3 of the Act, the statute of limitations on the previous crime was already completed at the time of the prosecution of this case.

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