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(영문) 창원지방법원 2014.08.13 2011고단2808
정치자금법위반
Text

1. Defendant F shall be punished by a fine of KRW 300,00, KRW 300,00, KRW 200,000, KRW 200,00 for each of the Defendant A, C, D, G, H, I, J, K, L, M, N, P, P, Q, and R.

Reasons

Punishment of the crime

No teacher of a national or public school who is a State public official shall support any specific political party or political organization with money or material for political purposes, whatever the pretext it is.

In addition, since anyone is prohibited from contributing political funds by means that are not stipulated in the Political Funds Act, anyone who is not allowed to become a member of a political party, such as public official teachers, etc., shall not contribute political funds to any political party, and in particular, from March 13, 2006, anyone is prohibited from contributing political funds directly to any political party including the form of abolition of a political party supporters' association

1. Defendant A (201st class 2808) is a person who was appointed as a teacher of a national or public school on September 1, 1988 and currently serves as a teacher of a W high school after being appointed as a state public official.

On or before April 22, 2004, the Defendant applied for the “party membership fee” to X-political parties through the method of joining party members (including “party members”) and the “voluntary payment of party membership fee through the method of transfer of Cms.” and applied for the “party membership fee” to the Defendant’s agricultural bank account in Gangnam-gu Seoul Metropolitan Government, through the method of cm transfer via the method of mediating the Korea Financial Settlement Agency located in the Gangnam-gu, Seoul, the Defendant’s agricultural bank account to the X-gu, Yeongdeungpo-gu, Seoul, to the Defendant’s agricultural bank account in which the Defendant used to open the National Bank Credit Business Department of the Hando-dong, and the Defendant paid KRW 10,000 to the X-party account. However, the evidence submitted by the Prosecutor alone alone is insufficient to recognize the Defendant as the “party membership fee”, but it is only recognized as the

On the other hand, the establishment of the crime of violating the Political Funds Act depends on whether the above amount was donated by means not stipulated in the Political Funds Act, and the conclusion does not vary depending on whether the nature of the amount is party membership fee, and even if the defendant asserts that the above amount is a support fund and recognized it as a "support fund" in this case after deliberation on this part, the defendant's right to defend himself.

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