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(영문) 춘천지방법원 강릉지원 2014.01.07 2013고단465
기부금품의모집및사용에관한법률위반
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Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A or B fails to pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are the real representative of the incorporated association C (hereinafter “C”) with an office located in the F at Saml-si, and Defendant B is the person who is in office as the secretary general of C.

Any person who intends to collect donations, the amount of which is at least 10 million won and which is at least the amount prescribed by the Act on the Collection and Use of Donations and the Enforcement Decree thereof shall register it with the competent authority.

Nevertheless, the Defendants jointly received KRW 25 million from H (hereinafter “H”) located in Jung-gu Seoul Metropolitan Government G without registering with the competent authority on May 7, 2012, via the Agricultural Cooperative Account (Account Number: I) in the name of E, who is in office as C adviser, as a donation.

As a result, the Defendants jointly collected donations without being registered with the competent authorities.

2. The Defendant, as the Defendant, committed the above violations at the above date, time, and place, A and B, an employee of the Defendant.

Summary of Evidence

1. Each legal statement made by the defendant A, B, or H to the effect that he/she used the remittance of KRW 25 million;

1. Each legal statement of the witness J, E, K, L, and M;

1. Partial statement of the witness N;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment, etc. of internal resolution documents related to the deposit of H donations and a document requesting donation);

1. Defendant A and B of the pertinent Act on the facts constituting the crime: Articles 16(1)1 and 4(1) of the former Act on the Collection and Use of Donations (Amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply), and Article 30 of the Criminal Act as Defendant C: Articles 17, 16(1)1 and 4(1) of the former Act on the Collection and Use of Donations;

1. Articles 70 and 69(2) of the Criminal Act for detention in a workhouse (Defendant A and B);

1. Judgment on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

I. Determination as to Defendant A and B’s assertion

1. The assertion;

A. Defendant A and B are companies from H.

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