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(영문) 대구지방법원 2012.01.09 2011고합319 (1)
정치자금법위반등
Text

1. The Defendants shall be punished by respective fines of 300,000.

2. The defendants' failure to pay each of the above fines 50.

Reasons

Punishment of the crime

No one shall contribute any political fund by means that are not provided for in the Political Funds Act, and anyone who intends to contribute any support fund to any political party before March 13, 2006 shall contribute any support fund to the supporters' association of any political party and shall not directly contribute any support fund to any political party, and from March 13, 2006 when the supporters' association of any political party is abolished, no support fund shall be contributed to any political party including in the form of leading to the supporters' association of any political party.

1. [201 Gohap454] Defendant BY was appointed as a teacher of a national or public school on March 1, 1982 and currently serving as a teacher of the CA high school. A.

On or before March 2002, the Defendant filed an application for “Automatic Payment through the CMS transfer method” with AC Party (i.e., the payer number CB) and (ii) around July 26, 2006, the Defendant’s Daegu Bank Account via the CMS transfer method to the Korea Financial Settlement Agency located in Gangnam-gu Seoul Metropolitan Government (hereinafter “Financial Settlement Agency”) and (iii) around July 26, 2006, the Defendant’s Daegu Bank Account was indicted for paying KRW 10,000 from the Defendant’s Daegu Bank Account to the AC Bank Account established in Yeongdeungpo-gu, Seoul Metropolitan City National Bank Holdings Business Division (hereinafter “AC Bank Account”) under the name of “Party membership fee,” but it is difficult to readily conclude that the Defendant was willing to pay the “Support Fund” under the Political Fund Act for the amount paid by the Defendant as a party member under the Political Party Act.

The portion prosecuted by the prosecution as "party membership fee" shall be changed to the name of "support fund".

From that time to December 26, 2007, the political funds were contributed by transferring the total amount of KRW 180,000 to 18 times as shown in the attached Table 1 by the same method, such as the transfer from that time to December 26, 2007.

B. On November 20, 2007, the Defendant’s support payment amounting to KRW 50,000 from the Defendant’s Daegu Bank Account to AC.

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