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The prosecutor's appeal is dismissed.
Reasons
1. Article 4(1) of the Act on the Collection and Use of Donations (hereinafter “Donations Act”) does not require that “the person who intends to collect donations,” other than the person who collected donations, should be “the person who intends to collect donations,” and whether the person actually collects at least KRW 10 million or not.
Therefore, as long as the defendant first collects donations by determining the amount of KRW 12 million at the time of initial collection, the defendant's violation of the Act on Donations is established.
2. In full view of the provisions on the Donations Collection and Use of Donations Act, the lower court determined that, without registration, it is reasonable to view that a person collecting donations without registration is subject to punishment only for the collection of donations exceeding KRW 10,00,000 within one year, and that even according to the facts charged itself, the Defendant cannot be deemed as violating the Act on the Collection and Use of Donations since the Defendant collected KRW 9,842,00,000, and otherwise, the Defendant was acquitted of the Defendant on the ground that there is no evidence to support that the Defendant collected donations exceeding KRW 10,000 for
Considering the following circumstances admitted by the court below based on the evidence duly adopted and investigated by the court below, the court below’s determination is just and acceptable, and there was no error in the misapprehension of legal principles as alleged by the prosecutor.
The prosecutor's assertion is not accepted.
A. Article 4(1) of the Donations Act provides that “A person who intends to collect donations of at least ten million won, which is at least the amount prescribed by Presidential Decree, shall register with the registration office, as prescribed by Presidential Decree.”
However, according to Article 2 of the Donations Act, "donations" is money and other valuables received without consideration regardless of their names, such as money and other valuables for return, congratulatory money and supporting money.