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(영문) 서울고등법원 2018.01.30 2017노3301
정치자금법위반
Text

The defendants (excluding defendants A and E) and the prosecutor's appeal are all dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) as to the violation of the Political Fund Act due to the mistake of the Defendants (excluding Defendants A and E) or the misapprehension of the legal principles, the Defendants received the authority to collect support payments from the sponsoring association lawfully and collected support payments; and (b) issued political funds receipts to supporters; and (c) the Defendants did not immediately issue political funds receipts to supporters while raising support payments.

Even if political funds do not violate the method of raising support funds under Article 16 (1) of the Political Funds Act, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

Defendant

D In respect of the violation of the Political Funds Act due to the alteration of a private document, the alteration of a document, the use of a falsified document, and the submission of false data, at the time when the Defendant was entitled to a full deduction of benefits from its employees, the employees did not have interest in whom a member of the National Assembly who contributed a support fund would be free from whom they would be members of the National Assembly.

I think that the defendant signed the letter of consent, so the defendant's act of correcting the name of the member of the National Assembly mentioned in the above letter of consent existed the presumed consent of the consenting person.

Although this part of the facts charged can be seen, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The punishment sentenced by the court below to the defendants is too unreasonable.

Defendant

B, C, D, and F: Defendant G, I, J, K, K, L, M,O, Q, Q, S, and T: Suspension of sentence (Defendant G, I, and a fine of KRW 800,000 for the remaining Defendants, and a fine of KRW 500,000 for the remaining Defendants): Defendant N, U: A fine of KRW 500,000 for a fine of KRW 100,000 for the suspension of sentence (amount of KRW 500,000 for a fine of KRW 50,000 for a fine of KRW 100,000 for the prosecution, or by misapprehending the legal principles as to the acquittal of Defendant B (a conspiracy with EA).

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