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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was the chairperson of the DNA Sports Association, which was located in Masung-si by the end of December 2014, and the defendant was selected as the candidate for the president of the EFF as the president of the EFF on March 11, 2015.
① On October 19, 2014, the Defendant issued bags containing KRW 200,00 in cash to the members of the Residents' Self-Governing Council in name-Governing City, which was held by the Do Residents' Self-Governing Council, in the event of “H festivals” held by 15 members, including EFF members G, from the EF, in terms of harmony. ② On December 19, 2014, the Defendant issued bags with KRW 100,00 in cash to the members of the E Library held by the above Residents' Self-Governing Council in the E Library located in the E Library in the E Library in the e Library in the Masung City, and performed a contribution act to each organization in which the elector operates during the contribution restriction period.
2. The defendant's assertion that ① in the case of a residents' autonomous council, the defendant cannot be deemed to be an organization established for the operation of the residents' autonomous council pursuant to Article 32 (2) of the Act on Entrusted Elections such as Public Organizations, etc. (hereinafter "Act"), and thus cannot be the party to a contribution, and ② even if the residents' autonomous council may become the party to a contribution, the defendant asserts that the defendant cannot be deemed to be a contribution act pursuant to Article 33 (1) 1 (a) of the Act, since he/she provided courtesy money in accordance with the business plan and budget of the Sports Association under the name of the sports council.
3. Determination
A. According to the records of judgment on the other party to the contribution act, it is recognized that the Residents' Self-Governing Committee is an organization established under Article 10 of the Local Autonomy Act, Article 8 [Attachment 1] of the Enforcement Decree thereof, and the "Ordinance on the Establishment and Operation of the Residents' Self-Governing Center" enacted pursuant
However, according to the evidence submitted by the prosecutor, the chairperson G and the vice-chairperson from among 28 members of the residents' autonomous committee.