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(영문) 춘천지방법원 강릉지원 2017.01.10 2016노481
직권남용권리행사방해
Text

The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E shall be punished by a fine of KRW 700,000.

Defendant

E.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) is erroneous as to the violation of the Act on the Collection and Use of Donations, and there is no fact that Defendant B, by misapprehending the legal principles, recommended U and V to solicit donations.

Defendant B recommended to contribute money and other valuables to J, T, U, and V (hereinafter “R, etc.”)

Even if the Act on the Collection and Use of Donations (hereinafter “the Act”) provides guidance on the contribution of money and goods by a legitimate method that does not constitute money and goods under Article 2 subparag. 1(a) of the Act on the Collection and Use of Donations, rather than “donations” prohibited by public officials under the Act on the Collection and Use of Donations. Therefore, Defendant B solicited RR, etc. to contribute money and goods to contribute money and goods.

subsection (b) of this section.

2) Even if the lower court’s sentencing is deemed to have violated the Act on the Solicitation and Use of Donations, the sentence (4 million won) imposed by the lower court is too unreasonable.

B. Defendant E (1) is erroneous as to the violation of the Act on the Collection and Use of Donations, misunderstanding of legal principles), special membership fees paid by AJ commissioned as a member of the JJ, and money and valuables contributed by the volunteers of the JJ, which fall under Article 2 subparag. 1 (a) of the Act on the Collection and Use of Donations, and do not constitute “donations” requiring registration under the Act on the Collection of Donations. As such, Defendant E violated Article 4(1) of the Act on the Collection and Use of Donations in relation to this part.

subsection (b) of this section.

B) Defendant E does not have written a statement or an account number to appeal the collection related to the residents’ voting on the Brob of J Committee’s bulletin, nor attached a public notice to appeal the residents’ voting within the office of the J Committee.

Money and valuables contributed by persons other than members or volunteers of the J Committee shall be voluntarily made by persons who oppose to the invitation of the original state.

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