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(영문) 대전지방법원 2019.10.23 2018노3130
정치자금법위반
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the Defendants contributed political funds with funds related to each organization.

B. The lower court’s punishment on the Defendants of unreasonable sentencing (a fine of one million won) is too uneased and unreasonable.

2. Determination

A. 1) Determination of mistake of facts is based on the fact that a juristic person or an organization prohibits the donation of political funds with funds related thereto even if the juristic person or organization does not make a contribution of political funds by itself under Article 31(2) of the Political Funds Act, only if the juristic person or organization is in any form related to the raising of funds for contribution, it shall not be regarded as “funds related to a juristic person or organization” subject to the donation under Article 31(2) of the Political Funds Act. It shall be deemed that the fund raised and raised by the juristic person or organization can be disposed of by the juristic person or organization or at least the same time the fund raised and raised can be deemed to fall under “funds related to a juristic person or organization” only if it is the fund that can be disposed of by the juristic person or organization or that at least the same time be contributed to the fund raised and raised. Furthermore, in a specific case, whether the fund is related to the said juristic person or organization should be determined by considering the overall process of raising funds and raising funds, size of funds, details of contributions and interests of donors, etc.

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