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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
The facts charged as to the Defendants’ violation of the legal principles as to the grounds for appeal by the Defendants and the decision of dismissal of mistake of facts are that the Defendants paid party membership fees as a party member of AK. The Defendants’ act of paying party membership fees in the position of party members constitutes “the method of contribution of political funds provided by the Political Funds Act” and thus, there is no room to establish a violation of the Political Funds Act separate from the crime of violating the Political Fund Act. Therefore, the facts charged in this part of the facts charged should be dismissed pursuant to Article 328(1)4 of the Criminal Procedure Act, when the facts in the indictment
The facts charged that "the defendant paid a party membership fee as a party member" and the facts charged that "the defendant paid a support fee" found guilty by the court below are likely to cause disadvantages to the defendant's exercise of his/her right to defense, unlike the means and method of crime.
Therefore, the court below's finding this part of the facts charged as another criminal facts without any changes in indictment is unlawful by deviating from the necessity or limit of the amendment in indictment.
Of the facts charged in the instant case, the violation of the Political Funds Act is comprised of commission offenders, but the Cms (Crh Management Services) transfer of party membership fees is unilaterally made by transmitting the EB21 file to the Financial Settlement Service without the involvement of the Defendants, and it is unlawful for the lower court to recognize the Defendants as criminal facts in the form of omission without changing the indictment.
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 is recognized that the Defendants transferred money under the pretext of party membership fees.