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(영문) 전주지방법원 2013.07.16 2011고단1344
정치자금법위반등
Text

1. Defendant C, G, M, N,O, Q, Q, S, Y, Z, AD, AD, AH, AI, N, AO, AP, and Q in fine of KRW 30,00,00, Defendant A, D, E, F.

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, anyone may not contribute political funds in a way that is not provided for in the Political Funds Act, and in particular, from March 13, 2006, anyone may not contribute political funds directly to a political party including the form of abolition of a political party’s supporters’ association and leading to a political party’ association.

1. Defendant A (201st class 1344) is currently serving as a teacher of AW High School, a private school, after being appointed as a teacher of a private school on April 11, 1990.

On or before March 23, 2005, the Defendant applied for “the automatic payment through the Cmp transfer method” to a AX political party and applied for “the automatic payment through the Cmp transfer method” on or around August 29, 2006, via the Cmp transfer method to the financial settlement center located in Gangnam-gu Seoul Metropolitan Government, the Defendant’s agricultural bank account from the Defendant’s agricultural bank account via the Cmp transfer method, stating that the Defendant paid KRW 10,000 from the Defendant’s agricultural bank account located in Yeongdeungpo-gu, Seoul Metropolitan City to the AX political party account, but the Defendant paid KRW 10,000 to the AX political party account. However, the evidence submitted by the Prosecutor alone is insufficient to recognize the Defendant’s funds transferred to the AX political

On the other hand, the establishment of the crime of violating the Political Funds Act depends on whether the above money was donated by means not stipulated in the Political Funds Act, and the conclusion does not vary depending on whether the nature of the money is party membership fee, and even if the defendant asserts the above money as a support fund and recognized it as a "support fund" in this case, it is judged that there is no substantial disadvantage to the defendant's exercise of his right to defense. Thus, this part is modified to "support fund" and recognized as a "support fund.

2. On January 2, 200

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