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(영문) 광주지방법원 2012.08.17 2011고단3606
정치자금법위반등
Text

All sentence imposed on the Defendants shall be suspended.

Of the facts charged in the instant case, Defendant A and I respectively.

Reasons

Punishment of the crime

Anyone shall be prohibited from contributing any political fund by means that are not prescribed by the Political Funds Act, and anyone who intends to contribute any support fund to any political party before March 13, 2006 shall contribute any support fund to the supporters' association of the political party, and shall not directly contribute any support fund to any political party, and from contributing any support fund to any political party from March 13, 2006 when the supporters' association of the political party is abolished.

1. Defendant A-201 Highest 3606 Defendant was appointed on March 1, 1997 and served as a teacher of a private school until now.

On or before March 27, 2006, the Defendant applied for “voluntary payment through the Cmp transfer method” to X Party (management number Y), and around July 26, 2006, through the Cmp transfer method to the financial settlement center, the Defendant indicted the Defendant for the payment of KRW 10,000 from his own Gwangju bank account to X Party’s national bank account in the name of X Party. However, the evidence submitted by the prosecutor alone is insufficient to acknowledge the Defendant’s transfer of the funds to X Party to X Party as “party membership fee” and rather, it is determined that the Defendant’s payment constitutes “support fund”. In this regard, even if the Defendant recognized “support fund” without changing the indictment, it is deemed that there is no substantial disadvantage in exercising the Defendant’s right to defense (hereinafter the same shall apply). From that point to August 25, 2008, the Defendant did not designate KRW 260,000 as the Political Fund Act by means of a total of 260,000 in the attached Form (A).

2. Defendant B - the Defendant was appointed on March 1, 1993 and is serving as a teacher of a national or public school until now.

On or before March 27, 2006, the Defendant applied for “Automatic Payment through the Cmp transfer method” to X Party (management number Z), and intermediate the Korea Financial Settlement Board around July 26, 2006.

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