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(영문) 전주지방법원 2017.06.30 2017노521
정치자금법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s receipt and disbursement of political funds by a person who is not a person in charge of accounting among the facts charged in the instant case, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged, on the grounds that the Defendant, practically concurrently served as a candidate and a person in charge of accounting of a supporters’ association.

2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

B. With respect to the omission of the election expenses accounting report among the facts charged in the instant case, if the Defendant knew that the revenues and expenditures were concealed by omitting the election expenses while making an accounting report, and consented to such an occurrence, it may be deemed that the Defendant had the awareness and intent to conceal the revenues and expenditures of the election expenses. According to the records of this case, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby finding the Defendant not guilty of this part of the facts charged.

2. Determination

A. The judgment of the court below as to the defendant's assertion of misunderstanding of the legal principles also asserted the same purport, and the court below rejected the above assertion with detailed explanation in the column of "decision on the defendant's and defense counsel's assertion". In light of the records, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the legal principles as alleged by the defendant.

Therefore, the defendant's misapprehension of the legal principle is without merit.

B. Decision 1 on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The Defendant’s summary of the public prosecution room is a candidate for K Party in the J constituency in the 20th National Assembly member election implemented on April 13, 2016.

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