The judgment below

Among them, the parts against Defendant A, D, and E are reversed, and this part of the case is remanded to the Seoul High Court.

1. Judgment on the prosecutor's grounds for appeal

A. Article 31(1) of the Political Funds Act provides that “A foreigner, domestic or foreign corporation or organization shall not contribute political funds” and Article 31(2) of the Political Funds Act provides that “No person shall contribute political funds with funds related to any domestic or foreign corporation or organization.”

Here, “funds related to a corporation or an organization” refers to funds that can be donated according to the decision-making of the corporation or organization, and includes not only the unique assets that form the basis for the existence of the corporation or organization and its activities, but also the funds raised by the corporation or organization in its own name (see Supreme Court Decision 2011Do15418, Mar. 14, 2013, etc.). Accordingly, Article 31(2) of the Political Funds Act prohibits a corporation or organization from contributing political funds with relevant funds even if it does not contribute political funds by itself, even if it does not contribute political funds by itself, it does not constitute “funds related to a corporation or organization” which is the subject of donation under Article 31(2) of the Political Funds Act, and it should not be deemed that a corporation or organization can dispose of funds raised by itself or can be equivalent to funds raised by it at least by actively participating in raising funds for contribution.

B. In a specific case, whether the funds are related to a legal entity or an organization should be determined by examining the overall process of raising funds, raising funds, raising funds, raising funds, raising funds, details of contributions, and interest of donors, etc. (see, e.g., Supreme Court Decision 2015Do2684, Jun. 24, 2015).