Defendant

All appeals by prosecutors are dismissed.

The gist of the grounds for appeal is as follows: (a) misunderstanding the facts of the Defendant and misunderstanding the legal principles, thereby collecting support payments by lawful delegation from the sponsoring association; and (b) issuing receipts for political funds to supporters; (c) thus, the Defendant did not immediately issue receipts for political funds to supporters while raising support payments.

Even if political funds do not violate the method of raising support funds under Article 16 (1) of the Political Funds Act, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

The punishment sentenced by the court below (the suspended sentence of 500,000 won) is too unreasonable.

In light of the fact-finding and misunderstanding of the legal principles on support payments under the Political Funds Act, the relevant provisions on support payments, etc. should be interpreted as having to be prepared each year in delegation of the authority to collect support payments. However, the judgment below which acquitted the Defendant of this part of the facts charged is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

The sentence sentenced by the court below to the defendant is too uneasible and unfair.

Judgment

As to the Defendant’s assertion of mistake or misapprehension of the legal doctrine, the lower court also asserted that this part of the assertion is the same as the Defendant’s assertion. In full view of the content of the relevant laws and regulations, the lower court held that a person, other than a supporters’ association, may collect support money only by directly exchanging a receipt of political funds issued in advance with support funds only when he/she was delegated by the sponsor’s association (Supreme Court Decision 2007Do5236 Decided November 30, 2007). Accordingly, the trustee, prior to the collection of support money, receives a receipt of political funds necessary for raising support funds from the sponsor’s association.