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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The act of mistake of facts and misapprehension of the legal principle by the defendant constitutes a case where the defendant, the head of the labor union, has contributed funds related to the labor union as political funds, and thus the crime of violation of Article 31(2) of
Nevertheless, the judgment of the court below that found only the facts charged in relation to the facts charged and the ordinary competitive relation is guilty, and that of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence of a fine of KRW 1.5 million imposed by the court below on the grounds that the sentence is too uneasible and unfair.
2. Determination:
A. (1) The lower court determined that the Defendant cannot be deemed to have violated Article 31(2) of the Political Funds Act, in full view of the following: (a) the determination of the lower court on the assertion of misunderstanding of facts and misunderstanding of legal principles: (b) comprehensively taking account of the fact that there was no organizational resolution of the instant trade union in relation to the contribution of political funds; (c) only the members wishing to participate in the project, that the company raised funds from the payment of wages; and (d) provided political funds through the personal account of the trade
(2) Article 31(2) of the Political Funds Act prohibits a corporation or an organization from contributing any political fund, even if the corporation or organization does not voluntarily contribute any political fund, and only if the corporation or organization is involved in raising the fund for contribution, it shall not be deemed that it constitutes a “fund related to a corporation or organization” subject to the donation under Article 31(2) of the Political Funds Act. A corporation or an organization is a corporation or an organization that takes the lead in and actively participates in raising and raising the fund for contribution.