[1] Whether a person who collects donations without being registered with the competent authority under the Act on the Collection and Use of Donations shall be punished only where the collection exceeds KRW 10,000,000 for the "within one year" as the collection period (affirmative)

[2] The case affirming the judgment below which acquitted the representative of the environmental organization of violation of the Act on Collection and Use of Donations, which collected donations in excess of KRW 10 million without being registered with the competent authority, on the ground that there is no evidence to acknowledge that the donation was collected in excess of KRW 10,000 for one year from the non-member of the organization

[1] Article 4 (1) 2 of the Act on the Collection and Use of Donations provides that "the purpose of collection, kinds of money and other valuables for collection, target amount of collection, collection area, collection method, collection period, method of safekeeping of collected money and other valuables, etc." Article 4 (1) 2 of the same Act provides that "the collection period shall not exceed one year," and the purport of the above provision and Articles 16 (1) 1, 4 (1), and 2 (1) (a) of the same Act shall be punished only where a person who collects money and other valuables without registration with the competent authority collects money and other valuables in excess of 10,000 won within one year of the collection period."

[2] The case affirming the judgment below which acquitted the defendant as the representative of the Environmental Preservation Citizen Association of violation of the Act on the Collection and Use of Donations that the defendant collected donations in excess of 10 million won without registering with the competent authority, on the grounds that the amount that the defendant collected from its members constitutes membership fees or support payments which are subject to the application of the above Act, and the total amount of the remainder of donations except for this shall not be more than 10 million won, and there is no evidence to support that the defendant collected donations in excess of 10 million won every year from non-member since 2006 to 2008.

[1] Articles 2(1)(a), 4(1), 15(1)1 (see current Article 16(1)1) of the former Act on the Collection and Use of Donations (wholly amended by Act No. 8419, May 11, 2007); Articles 2(1)(a), 4(1), and 16(1)1 of the Act on the Collection and Use of Donations / [2] Articles 2(1)(a), 4(1), and 16(1)1 of the former Act on the Collection and Use of Donations (wholly amended by Act No. 8419, May 11, 2007); Article 16(1)1 of the Act on the Collection and Use of Donations (see current Article 16(1)1); Article 2(1)(a) and Article 16(1)1 of the former Act on the Collection and Use of Donations

Defendant

Prosecutor

Gwangju District Court Decision 2009No2861 Decided April 27, 2010

The appeal is dismissed.

We examine the grounds of appeal.

1. As to the attacking

Examining the reasoning of the judgment below in light of the records, the court below was just in maintaining the judgment of the court of first instance which acquitted the Defendants of the attack among the facts charged in this case on the grounds as stated in its reasoning, and there was no error of misapprehending the facts or misapprehending the legal principles on the public conflict, as alleged in the

2. As to the violation of the Act on the Collection and Use of Donations

A. Articles 16(1)1 and 4(1) of the Act on the Collection and Use of Donations (hereinafter “Act”), and Article 2(1)1 of the Act provide that a person who intends to collect donations of at least KRW 10,000 shall prepare a plan for the collection and use of donations and register it with the Minister of Public Administration and Security or the registration office (the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, and the Governor of the Special Self-Governing Province). However, Article 2(1)1 of the Act provides that “a corporation, a political party, a social organization, a family council, a friendship association, or a friendship association, etc., collected from its members in accordance with its articles of association, regulations, or rules, shall be excluded from “donations” subject to the Act.

According to the reasoning of the judgment below, the court below held that the defendant's representative of the Environmental Preservation Citizens' Joint Association shall be deemed excluded from "donations" subject to the law because the amount collected from its members constitutes membership fees or support payments that are voluntarily paid by its members, and that the defendant's total amount of donations shall be deemed only 9 million won in the year 2006, 3.2 million won in the year 2007, and 4.1.7 million won in the year 208. In light of the records and the above legal provisions, the court below's decision is just and acceptable, and there is no error of misconception of facts or of misunderstanding the legal principles on the collection of donations in violation of the rules of evidence, contrary to what is alleged in the grounds of appeal.

B. Meanwhile, Article 4 (1) 2 of the Act provides that with regard to the contents of the plan for collection to be entered in the plan for collection and use which a person who intends to collect donations of at least 10 million won shall register with the competent authority, that "the purpose of collection, kinds of donations, target amount of collection, collection area, collection area, collection method, collection method, collection period, and method of safekeeping the donations. In this case, the collection period shall not exceed one year." In light of the above provision and the purport of the above provision, it is reasonable to view that the collection of donations without registration with the competent authority is subject to punishment only where the collection of donations exceeds 10 million won within one year.

In the same purport, the court below found the defendant not guilty of this part of the charges on the grounds that there is no evidence to acknowledge that the defendant collected donations in excess of KRW 10,000 for a year from 2006 to 2008 from the non-member of the Environmental Preservation Citizen Association, and there is no error of law by violating the rules of evidence or by misapprehending the legal principles on the collection of donations, as alleged in the grounds of appeal

3. Conclusion

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Hong-hoon (Presiding Justice)