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(영문) 광주지방법원 2014.07.23 2012노2263
정치자금법위반등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The facts charged that “the defendants paid party membership fees as party members,” and the facts charged that the court below convicted of the defendants, “the defendants paid support payments,” are likely to cause disadvantages to the defendants’ exercise of their rights to defense. Thus, the court below’s finding of facts constituting a crime different from the facts charged without any changes in indictment is unlawful by deviating from the necessity or limitation of the amendment in indictment.

B) Of the facts charged in the instant case, the fact that the Defendants violated the State Public Officials Act due to the payment of party membership fees and the violation of the Political Funds Act are committed by commission. However, even though the Defendant’s act was not carried out by unilaterally transmitting the EB21 file to the Financial Settlement Agency without carrying out the Defendants’ act, it is unlawful for the lower court to recognize the Defendants as a crime of omission without changing the indictment. (C) As long as the lower court’s decision that found the Defendants guilty of the transfer of money under the pretext of support payments is unlawful, it should be examined as to whether the facts charged that the Defendants transferred money under the pretext of the party membership fees, and the facts charged that the Defendants paid the party membership fees are not a crime or there is no proof of criminal facts.

2. The facts charged as to the violation of the legal principles as to the decision to dismiss the public prosecution are that the Defendants paid party membership fees as a member of the AB political party, and since the Defendants’ act of paying the “party membership fees” in the position of party members falls under the method of contribution of political funds provided for in the Political Funds Act, there is no room to establish a violation of the Political Funds Act separately from the crime of violating the Political Funds Act

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