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(영문) 대구지방법원 2016.12.09 2016노1556
정치자금법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 80,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of each fine of KRW 3 million sentenced by the court below against the Defendants is too unreasonable.

2. The decision-making process of the Political Funds Act provides that, in order for those who are not the supporters' association to collect support payments to exchange political fund receipts and support payments only when they were delegated by the supporters' association, the Defendants collected support payments without being delegated by the supporters' association of the National Assembly H. The Defendants appear to have led the instant crime as the operator of the company F. Defendant B, as the chief of the general affairs division of the F.F., who distributed the written request for the deduction of the instant political support payments under the direction of Defendant A, was in practical control over the instant crime, such as collecting support payments by the same method. Meanwhile, the Defendants appear to have known that all the facts charged were recognized, and that the Defendants committed the instant crime, not the members of the National Assembly, but the Defendants appear to have known that the Defendants were the members of the National Assembly of Korea, and that the Defendants were in full aware of the fact that they were in cooperation with the National Assembly.

(Evidence Records No. 574 through 576). A consent to political funds support is given.

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