2011Gohap1055 Violation of the Political Funds Act

1. A;

2. B

3. C.

4. D;

5. E.

6. F;

7. G.

Kim Sung-ju (Court of First Instance), Go-ju (Court of Second Instance), Go-ju, and Park Jong-young (Court of Second Instance)

1. For Defendant A:

Attorney H, I

Law Firm J (Attorney in charge K, L)

2. For Defendant B, F, and G:

Law Firm J (Attorney in charge K, L)

3. For Defendant C, D, and E:

Attorney I

Law Firm J (Attorney in charge K, L)

January 10, 2014

Defendant A, B, E, F, and G shall be punished by each fine of 1.5 million won, and Defendant C, and D shall be punished by each fine of 700,000 won.

If the defendants fail to pay the above fines, the defendants shall be confined in each workhouse for the period of 50,000 won converted into one day.

Criminal History Office

【Status of Defendant】

Defendant A is the head of M branch office under the Korean Democratic Union Federation of Workers' Unions (hereinafter referred to as the "National Union of Workers' Unions") from January 2008 to December 2009, the head of M branch office under the National Health and Medical Services Workers' Union of Workers' Unions (hereinafter referred to as the "Public Health and Medical Services Workers' Unions"); Defendant B is the NM branch branch office from October 2008 to February 201; Defendant C is the Chairman of the Korean Government Workers' Union of Workers' Unions from March 2009 to January 2010 (hereinafter referred to as the "0 union"); Defendant C is the Head of the Korean Government Workers' Union of Workers' Unions from around 6, 2007 to June 30, 2010 to March 20, 201 to the Korea Workers' Union of Workers' Unions (hereinafter referred to as the "Public Workers' Union of Workers' Unions"); Defendant D is the Head of the Korea Workers' Union of Workers' Unions from around 20, 2010 to June 301.

V. Development of the tax credit program for the V. Party sponsor

Since March 12, 2004, the Political Funds Act introduced the tax credit system and made it possible to deduct 100,000 won per donator with respect to lawful political funds contributions, the V political party (hereinafter referred to as the "V political party") and the private labor union was punished by the "tax credit program" under the Political Funds Act, which was enforced from March 13, 2006, which was enforced as of March 13, 2006, in order that the political party could not receive direct support payments from the individual, and the political party could not receive direct support payments, the V political party made a decision on the specific contents of the tax credit project, etc. by the V political party Central Committee, which was decided to have the members join the business and participate in the business as members of the association and to participate in the business at the end of each year through the guidelines for tax credit.

On the other hand, according to the guidelines of 'the 'the 'the 2006 'the 'the 'the 'the 10th National Assembly Member Tax Credit Project' from around October 2006 to 2009, the 'the 'the 'the 'the 'the '' and 'the 'the 'the '' regional headquarters' passed a tax credit program at the 'the 'the 'the 'the '' or 'the 'the '' association' and 'the 'the '' association' passed a tax credit program at the 'the 'the 'the '' association' or 'the 'the 'local headquarters' and 'the 'the 'the '' association', the 'the 'vi' and 'the 'the 'vi' association', the 'vi' and 'the 'vi' association', the 'the 'the 'vi' and 'the 'association' association'the '.

AV political party made a tour and a publicity campaign campaign around the above 50 business places, and when its members participate in the support fund tax credit project in accordance with the guidelines of the civil labor union, it received the application for joining the support fund from its members and registered it as a "after the support fund" in the party members management program, and then received a contribution of political funds under the name of "after the support fund," and operated a legal system, such as "after the issuance of a fixed receipt in the name of a V party to its members and deletion from the above party members management program, the principal is collected from its members," and "after the support fund management program."

[Criminal Facts by Defendant]

No one shall contribute any political fund in any way that is not provided for in the Political Fund Act.

1. Defendant A

A. On December 28, 2009, the Defendant, at the office of the Health Care and Labor Relations Coordination Branch in Seoul, publicizeds its members in accordance with the above guidelines, and then, from 71 members, 100,000 won per capita in the name of the V party support project, collected and created KRW 7.1 million in the manner of collectively deducting 10,000 won per capita from each salary under the name of the V party support project. On December 28, 2009, the Defendant transferred 7.1 million won in the name of the Defendant’s name from one bank account in the name of the Defendant to the Korean bank account in the name of the V party under the name of the V party, thereby contributing the political funds in a way that is not prescribed in

B. On December 2009, the Defendant collected and created 5.2 million won under the name of V. Party Support Project, 100,000 won per member, from 52 members, in the same manner as the above paragraph (a), and transferred 5.2 million won from the one bank account under the Defendant’s name to the bank account under the name of V. 70,000 won from December 29, 2009, in a way that is not provided for in the Political Funds Act.

2. Defendant B

A. On December 31, 2008, the Defendant made a contribution of political funds in a manner that is not provided for in the Political Funds Act, by raising and creating 108 million won for each member of the National Bank in the name of "N" in the national bank account in the name of "N" on December 31, 2008, by remitting KRW 108 million from the National Bank in the name of "N" to the agricultural bank account of a political party in the name of "N" in the name of "N" in accordance with the above guidelines, by promoting its members in accordance with the above guidelines, from 108 members.

B. On December 31, 2009, the Defendant collected and created KRW 10,90,000 from 109 members to 100,000 won per capita in the name of the V Party Support Fund (hereinafter “N”) under the name of the National Bank Account in the name of N on December 31, 2009, by remitting KRW 10,90,000 from the National Bank Account in the name of N to the Agricultural Cooperative Account in the name of V Party’s name, in the same manner as the above paragraph (a).

3. Defendant C

Around December 2009, the Defendant, at the 00 labor union office located in Mapo-gu Seoul Metropolitan Government, publicizeds members in accordance with the above 85 guidelines and the guidelines for the Federation of National Financial Services and Trade Unions, and raised 8.522,000,000 won for each member of the 85 members under the name of the National Federation of Financial Services and Trade Unions, and contributed political funds by remitting 8.522,000 won in the name of '0,000 won from the bank account in the name of '0,000,000 won from the bank account in the name of '0,000,000 won from '0,000 won from '0,

4. Defendant D

On December 31, 2009, the Defendant provided public relations to the members of the Pminatory Office in the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government AAA building in accordance with the above guidelines, and then collected and created 6 million won under the name of the V party support project per 100,000 won per 60,000 won per 60,000 won per 60,000 won per 60,000 won per 60,000 won per 60,000 won per 60,000 won per 60,000 won per 59.

5. Defendant E

On December 3, 2009, the Defendant publicizedd members of Qamnoon's office located in the fourth floor of Seongbuk-gu Seoul AC Building in accordance with the above guidelines, and raised and raised 2,3210,000 won for each member from 240 members to 100,000 won for support of V political parties, and contributed political funds in the name of "AD and 106,0330,000 won in the name of "1,288,000 won in total, 2,3210,000 won in the name of "AD and 106,000 won in the post office account in the name of Qamno on December 31, 2009."

6. Defendant F

Around May 2009, the Defendant, at the office of the 0 labor union branch in Gangnam-gu Seoul Metropolitan Government AF Building, deducted 20% from the basic level of all the members to raise KRW 170,100,000 from the name of the victim relief fund, and participated in the tax credit project for the V party support fund in accordance with the above guidelines and the guidelines of the National Association of Financial Services and Trade Union, and transferred KRW 20,100,000 from the above victims relief fund to the bank account in the name of five political parties in the name of "AG and 200,000,000 won from the above victims relief fund" on December 29, 2009.

7. Defendant G

On December 3, 2009, the Defendant publicizeds members of the SU T branch office located in the Jung-gu Seoul Metropolitan Government in accordance with the above civil labor union guidelines and the guidelines for the Federation of the National Financial Services and Trade Union. 1.8 million won was collected from 210 members in the manner of collectively deducting 100,000 won per capita from each salary in the name of a tax credit program for support of V political parties, and around December 30, 2009 in the name of 8.8 million won in the name of 'AJ (TT)' account in the name of 'AJ (TT)' on December 30, 209 and 3 million won in the name of 'AK and 29 other than 'AK' on December 31, 2009, and contributed political funds in a way that is not provided for in the Political Funds Act.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each prosecutor's protocol of statement against AL and AM;

1. A copy of the statement made by each prosecutor to the prosecution with respect toN and AO;

1. AP-form questions and answers;

1. A copy of each written answer prepared by Q, AR, and AS;

1. Details of account transactions, accusation, copy of passbook, data on the homepage of the Incheon City Party of V party, response to request for investigation cooperation, receipt of fixed amount, copy of the business guidelines for tax credit as of the end of 2009, copy of the details of each account, copy of the guidelines for tax credit, copy of the list of payers, copy of the list of persons liable for tax credit, copy of the comprehensive written

1. Each investigation report (Evidence Nos. 23, 24, 28-30, 33-37, 41, 50, 53, 87, 88, 93, 95, 99, 112, 113, 133, 134, 136-138);

Application of Statutes

1. Article applicable to the facts constituting the crime and the choice of punishment (defendants);

A. The main sentence of Article 45(1) of the Political Funds Act (or each fine) for Defendant A, B, C, D, and F

B. Defendant E. Comprehensively, Defendant E. The main text of Article 45(1) of the Political Funds Act (electiveity of fines)

2. Aggravation of concurrent crimes (Defendant A and B);

A. Defendant A

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (as to the punishment stipulated for the violation of the Political Funds Act due to an illegal receipt of and receipt of political funds on December 28, 2009)

B. Defendant B

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (as to the punishment stipulated for the violation of the Political Funds Act due to an illegal receipt of and receipt of political funds on December 31, 2009)

3. Attraction in a workhouse;

Articles 70 and 69(2) of each Criminal Code (50,000 won per day)

Judgment on the Defendants and their defense counsel's assertion

1. As to the assertion that the contribution of political funds not provided for in the Political Funds Act is not a contribution of political funds

A. Summary of the argument

The Defendants remitted the funds received from the members of each of the instant labor unions to the accounts under the name of V political parties, but this does not constitute a contribution of political funds not stipulated in the Political Funds Act, since the members of the V political party who are the sponsor of the political party pay the party membership fee, which is a kind of political funds as provided by the Political Funds Act, as a party member under the Political Funds Act.

B. Determination

However, Article 23 of the Political Parties Act provides that anyone who wishes to become a party member shall submit the application form for joining the political party which has signed or sealed the political party (Paragraph 1), and that the political party shall decide whether to permit joining the party members after deliberation by the party members qualification examination agency, and enter it on the roster of party members (Paragraph 2), and that any person who is not registered on the roster of party members shall not be acknowledged as a party member (Paragraph 4). Furthermore, under the Political Parties Act, a party is a "voluntary organization of the people (Article 2)" aimed at participating in the formation of the political will of the people by promoting political arguments or policies responsible for the interests of the people and recommending or supporting the party members after the election of public officials. The legal nature of a political party is essentially an incorporated association. The Political Parties Act regulates only the "party member" as a member in response to the members of an incorporated association, and therefore, the term "party member" as provided for in the above Political Parties Act refers to an organization that has become a party member or a member of the political party itself, and its purpose and purpose should be determined as a party member.

Therefore, in light of the following circumstances confirmed by the evidence duly adopted and examined by this court (hereinafter referred to as "each evidence of this case"), it shall be examined whether members of each union of this case constitute party members as provided by the Political Parties Act in light of the following circumstances. Although the above members submitted an application for joining a support party and completed the procedure such as registration on the party members list, the support party is merely for the purpose of financial support to the political party, and as long as the rights and obligations to the political party, such as the right to vote and the right to be elected, are completely excluded from the beginning, it cannot be deemed as a party member as provided by the Political Parties Act. Thus, the above assertion cannot be accepted.

1) A V political party constitution is eligible to become a political party member under the Act and subordinate statutes for party members, agree to our party ideology and platform and policy, and any person participating in party activities may become a party member by taking prescribed procedures (Article 4(1)), while newly establishing a provision that "at the time of amendments to the party constitution on July 23, 2006, the party constitution may have a party member after the enactment of the party constitution (Article 4(2)). In the case of party members, the party constitution introduced the support party constitution system by newly establishing the provision that "The party members may have a party member at the time of amendments to the party constitution" (Article 4(2). In the case of party members, the party constitution and party regulations are in accordance with the party constitution and party rules, and various rights and obligations, such as the party constitution and party rules, are imposed (Article 5). In the case of the support party members, no provision on their rights and obligations, other than the above provision, has been provided for the party members in the case of the support party members.

However, among Chapter 2 (Party Members) of the above party constitution, the case of the deliberation on the amendment of the establishment of the support party system among the two (Party Members), "political party supporters' association is abolished, and the existing supporters' association is converted into the support party system.

In reality, although inducing members of a supporters' association may join the supporters' association, the first purpose of the supporters' association may be judged to be a certain financial support for the supporters' association, considering the reality, it is desirable to establish the "Supportive Party System" system in consideration of its reality so that it can continue to play a financial role for the supporters' association, and the head of the V political party AT also operates the "V party" system in which only the supporters' association is paid. However, even though it is impossible to collect the supporters' association fee from the supporters' association due to the abolition of the system of a political party's supporters' association, it is stated that the support party system was created for the purpose of collecting the supporters' association fee and processed all the existing supporters' association electronically as the support party. In light of the purpose of introducing the support party system, it is sufficient to say that not only the existing supporters' association but also the support party newly prepared has granted the rights and obligations as a real party member.

2) In addition, around October 2006, 2006, V. 100,000 won request for cooperation in the business of a branch, sub-branch, sub-branch, or sub-branch, etc. from the private labor union, and around October 2009, '2009, sent to a branch, sub-branch, or sub-branch under the metal labor union', the government merely provides information to the effect that 100,000 won should be paid in connection with the business of tax credit for the sponsoring party, and that it should be returned at the end of the year, and it does not appear that the government should be able to receive 10,000 won a tax credit for the support fund in the form of a tax credit of 209.10,000 won a more than 10,000 won a tax credit for the support fund, and it does not appear that the government should be able to receive 100,000 won a tax credit.

3) Furthermore, with respect to the procedure for joining the sponsor, AU, who was appointed by the Secretary General from August 20, 2008 to July 24, 2010 by the V political party, was registered as a member only once in the program for managing the members of the political party, and when a certain period of time has elapsed after the registration, submitted an application for joining the sponsor regardless of his/her will and paid the sponsor membership fee under the premise that he/she will resign from the political party. In addition, in the form of a tax credit for joining the sponsor, the term “I consent to resign from the sponsor after the payment of the membership fee,” and the term “I wish to leave the sponsor” in the form of a tax credit for joining the sponsor, and the term “I wish to leave the sponsor” in the case of a political party’s membership, and the term “I wish to temporarily leave the membership in the program for managing the members of the political party,” and the term “I wish to find out the fact that I will not separately collect the support fund from each political party’s candidate.

2. As to the assertion that there is no provision regarding punishment for those who paid support payments to supporters' associations similar organizations, etc.

A. Summary of the argument

According to Article 45(2)1 of the Political Funds Act, where a person who is not the person authorized to designate a supporters’ association establishes and operates a supporters’ association or other similar organization for the purpose of contributing political funds, only the person who establishes and operates the relevant organization shall be punished, and the person who contributed political funds shall not be punished. Since a political party, which cannot be the person authorized to designate a supporters’ association after the abolition of the system of a political party’s supporters’ association, establishes and operates a supporters’ association or similar organization in the form of a sponsoring party support organization, and receives support payments from the Defendants, the political party is only subject to the punishment prescribed in the above provision, and the Defendants who paid support money cannot be punished as a violation of the Political Funds Act under Article 45(1) of the Political Funds Act.

B. Determination

Although Article 45 (2) 1 of the Political Funds Act provides that "a person who is not the person entitled to designate a supporters' association and who establishes and operates a supporters' association or other similar organizations for the purpose of contributing political funds shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 10 million won." However, the defendants cannot be viewed as having established and operated a supporters' association or other similar organizations merely based on the fact that the defendants joined a V political party as a sponsor. Even if a V political party established and operated a supporters' association or other similar organizations, the defendants paid a support payment to the V political party, not the V political party, but the " supporters' association or other similar organizations established and operated by a political party, which is not the person entitled to designate a supporters' association," and thus, a support payment paid therefor does not constitute political funds provided for in the Political Funds Act. Therefore, insofar as the defendants' contribution of political funds is still in violation of Article 45 (1) of the Political Funds Act, the above assertion is rejected.

3. As to the assertion that no intention or illegality was recognized

A. Summary of the argument

The Defendants thought the members of each Trade Union in this case to pay the party membership fee lawfully as the genuine party members of the V party and received funds, and remitted them to the V party account. As such, the Defendants did not intend to violate Article 45(1) of the Political Funds Act or did not have any justifiable reason for mistake.

B. Determination

However, as seen earlier, the members of each of the instant unions joined the form of a sponsoring party in order to participate in the program for the tax credit of the sponsoring party, and the sponsoring party only for the purpose of financial support to the V political parties, and did not have various rights and obligations to political parties, such as the right to vote and the right to be elected, and as long as the Defendants were deemed to have fully aware of such facts, the Defendants’ assertion that the sponsoring party recognized the sponsoring party as a party member under the Political Parties Act cannot be viewed as a assertion of mistake of fact, and it can be deemed that the sponsoring party legally misleads that he/she constitutes a party member.

However, Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding. However, it is generally accepted that his act constitutes a crime, but it does not constitute a crime permitted by Acts and subordinate statutes in his own special circumstances, and if there are justifiable grounds for misunderstanding, it shall not be punishable. Whether there exists justifiable grounds shall be determined depending on whether the act of misunderstanding is not aware of illegality as a result of misunderstanding, although it was possible to recognize illegality of his act if the act of misunderstanding was done with intellectual ability, and there was a chance to examine or inquire about the possibility of illegality of his act by misunderstanding or making a serious effort for avoiding it. The degree of efforts necessary for recognizing illegality should be determined differently depending on the situation of the act of misunderstanding, the ability of the actor to recognize an individual, and the social group to which the actor belongs.

Therefore, based on the above legal principles, I would like to examine whether there were justifiable grounds for the Defendants to believe that the Defendants constituted a genuine party member, and if V political parties pay party membership fees among the party members and separately manage the members who do not exercise political party rights, such as election rights and eligibility for election, under the name of sponsoring party members, then I would like to judge whether this is unlawful under the law. Whether to become a party member of the National Election Commission (hereinafter referred to as the "National Election Commission") with the content that the Defendants would make a decision according to their own will of free will, and the above president of the National Election Commission (hereinafter referred to as the "National Election Commission"). However, it is difficult to view that the Defendants made a reply to the purport that the Defendants were legitimate and reasonable grounds for the questioning of the premise of the above reply by the National Assembly members, and that the Defendants’ submission of the above questions to the purport that the Defendants’ submission of the above amendment of the Political Funds Act constitutes a legitimate one of the party members of the National Assembly is difficult. Moreover, it is difficult to see that the above amendment of the Political Funds Act was unlawful.

Reasons for sentencing

In the instant case where the sentencing guidelines are not separately provided, the Defendants, who are disadvantageous to the Defendants, took part in the entire process of raising, raising, and contributing illegal political funds by guiding the members of the V party support fund amount of 6 million won and less than 2,3210,000 won, which are the executives of each of the instant labor unions, and contributing funds to the V party. The legislative intent of the Political Fund Act, which aims to ensure the adequacy and transparency of political funds by committing the instant crime, and to contribute to the sound development of democratic politics, is significantly damaged.

However, on the other hand, the Defendants’ explanation that the scope of the subsidy program is legitimate from the V political parties or senior union members, and that it would have been difficult to clearly understand that the actual support fund system is in violation of the Political Funds Act, such as leading up to the instant crime, according to the participation guidelines, etc. In addition, since the crime itself was committed as part of the tax credit program at the end of the year, it is very kind of crime; Defendant B, D, and E did not have the criminal power exceeding the same kind or fine; and all other Defendants were the first offender, there are no favorable circumstances for the Defendants, such as each age, character, environment, health conditions, motive, means and consequence of the crime, and the circumstances after the crime, etc., and determine the punishment as above, taking into account all the sentencing conditions revealed in the trial process of the instant case, such as the following factors.

The acquittal portion

1. Summary of the facts charged

【Status of the defendants and the status of the defendants in the facts constituting the crime of the first ruling in the development of the tax credit program for the V party sponsor, the status of the defendants and the development of the tax credit program for the V party sponsor.”

[Judgment of the court below]

No person shall contribute political funds with funds related to any corporation or organization both domestically and overseas.

A. Defendant A

1) On December 28, 2009, the Defendant, at the office of the Health and Medical Services Labor Relations Coordination M branch, publicizeds its members in accordance with the guidelines, and raised 7.1 million won by raising and raising 100,000 won per capita per member under the pretext of the tax credit program for V party sponsored party support. On December 28, 2009, the Defendant transferred 7.1 million won from the one bank account under the name of the Defendant to the account under the name of “Mno-help” in the name of the Korean bank under the name of the V party, and then re-transfered 70,000 won in the name of “AW and 70,000,000 won,” which was returned by the V party to the account under the name of the V party.

2) On December 29, 2009, the Defendant collected 5.2 million won from 52 members to 100,000 won for each member under the name of V-party support project, and transferred 5.2 million won from the account in the name of the Defendant’s name to the account in the name of V-party name, around December 29, 2009, to the account in the name of V-party name by remitting 5.2 million won from the account in the name of the Defendant’s name to the account in the name of V-party name.

B. Defendant B

1) On December 31, 2008, the Defendant made a contribution of political funds with funds related to the organization by raising and raising KRW 108 million from 108 members to the National Bank Account in the manner of collectively deducting 10,000 won per capita from each salary under the pretext of the tax credit program for V party support, and remitting KRW 10,80,000 from N to the Agricultural Bank Account of V party in the name of N on December 31, 2008, by remitting KRW 10,000,000 from the National Bank Account in the name of N to the Agricultural Bank Account of V party.

2) On December 2009, the Defendant collected and created KRW 10,900,000 from 109 members to 100,000 won per capita in the name of the National Bank Account in the name of N in the name of N in the name of "N" around December 31, 2009, by remitting KRW 10,90,000 from the National Bank Account in the name of N in the name of "N" to the Agricultural Cooperative Account in the name of V Party.

C. Defendant C

On December 31, 2009, the Defendant publicizeds members in accordance with the General Labor Management Guidelines and the guidelines for the Federation of the National Office of Financial Services and Trade Union, and collected and created KRW 8.522,000,000 from about 85 members to 100,000 won per capita under the name of the National Office of Financial Services and Trade Union. On December 31, 2009, the Defendant transferred 8.522,000,000 won from the bank account under the name of 85 members to the Agricultural Cooperative account under the name of 0,000 won in the name of 5.20,000 won to 5.

D. Defendant D

On December 31, 2009, the Defendant publicizeds the members of the P Trade Union Office in accordance with the guidelines for the General Labor Management, and raised and created 6 million won under the name of V-Party Support Fund (hereinafter “VB”) from 60 members to 100,000 won per capita, and around December 31, 2009, remitted 6 million won from the new bank account under the name of the Defendant to the account of the National Bank in the name of V-party name (59).

E. Defendant E.

Around December 31, 2009, the Defendant publicizeds the members of Q labor management office in accordance with the general guidelines, and raised 2,3210,000 won from 240 members to 100,000 won per capita per capita under the name of V-Party Support Project. Around December 31, 2009, in the name of "1,03,0330,000 won in the name of "1,288,000 won in total, 2,3210,000 won in the name of "AE and 1,322,00 won in the name of V-Party Support Project."

F. Defendant F

On May 2009, the Defendant, at the office of the Trade Union branch, contributed 20 million won out of the relief fund under the name of five political parties in the name of "AG et al. and 200,000 won out of the relief fund under the name of five political parties (VG et al.) while participating in the tax credit project for V political party sponsored by the National Association of Financial Services and Trade Union in accordance with the Korean Guidelines and the guidelines for the National Association of Financial Services and Trade Union, while deducting 20% from the basic salary of all members and raising and raising 170 million won as the relief fund for victims.

G, Defendant G

Around December 2009, the Defendant publicizeds its members in accordance with the General Labor-Management Guidelines and the Guidelines for the Federation of National Financial Services and Trade Unions, and then collected and created KRW 1.8 million from 210 members in the manner of collectively deducting 10,000 won per capita from each pay under the name of the V-Party Support Project. Around December 30, 2009, around 8.8 million won in the name of "AJ outside (T)" and around 31 December 31, 2009, 3 million won in the name of "AK et al. al. al. 29" and 1.8 million in total from 210 members to the national bank account under the name of the V-Party Support Project.

2. Summary of the Defendants’ assertion

The contribution of the political fund of this case was made according to the voluntary will of each member of the Trade Union belonging to each of the Trade Union of this case, and the Defendants merely notified the members of the procedures for the contribution and delivered the funds to the members to the fifth party side, and it cannot be said that the funds related to the organization were contributed.

3. Determination

A. Article 31(2) of the Political Funds Act provides that “no person shall contribute any political fund with funds related to any domestic or foreign corporation or organization” refers to a fund which can be donated by a corporation or organization according to its decision-making, as it prevents any act detrimental to the exercise of sound political influence and the fairness of election. The term “funds related to a corporation or organization” refers to a fund which can be contributed by such corporation or organization, as well as its own assets which form the basis for the existence and activities of such corporation or organization, and also includes funds raised by such corporation or organization in its own name. In light of the language and purport of such provision, if a corporation or organization engages in the raising of funds for contribution, all of the funds should not be deemed to fall under “funds established by a corporation or organization” subject to donation as provided in Article 31(2) of the Political Funds Act, and where a corporation or organization actively participates in the raising, raising, and raising funds for contribution, it should be determined to the extent that the fund can be raised by a corporation or organization as a whole or in relation to the raising of funds.

B. Therefore, based on the above legal principles, the health team, first of all, as to whether the funds raised and raised from the members of each trade union of this case constitute funds related to the organization, according to the evidence of this case, the V political party established a plan, etc. for raising political funds through the tax credit program on or around July 2006, and decided on the specific details of the tax credit program by the V political party Central Committee. Meanwhile, according to the contents determined by the Central Committee of the above V political party, the CF adopted guidelines for the tax credit program for the sponsoring party, which requires the members to join the sponsor and participate in the tax credit program and participate in the tax credit program, and the post-V political party and the 50 business places formed together with the labor union, and some of the Defendants transferred the funds raised from the members of the relevant political party to the account under the name of the V political party and made the name of the remitter under the name of the relevant labor union.

However, comprehensively taking account of the following circumstances acknowledged by the evidence of this case, it is difficult to view that the Defendants, in raising funds from the members of each of the instant unions, were able to dispose of the funds raised and raised by the union by actively participating in the process of raising and raising funds from the union members of the instant union or at least the same time, and there is no clear evidence that the fund raised and raised by the union constitutes funds related to the organization.

1) The Defendants and other persons related to each of the instant labor union members including the Defendants discussed and resolved on the implementation of the project under the guidance for the tax credit program from the General Labor-Management Group or superior labor union, and publicize it to the relevant union members. This merely introduced the details of the project under the support fund program and explained the intent of individually consenting members to encourage them to participate in the project, and there was no entirely mentioning that the participation of the union members may be subject to certain disadvantages if they were to participate in or not participating in the project under the support fund program. In fact, 123 out of 2,200 of the total members of the Health and Medical Workers' Group, 120 among the 160 members, 108, 109, 00, 100, 00, 200, 20, 20, 80, 20, 20, 20, 80, 20, 20, 20, 80, 20, 20, 200, 5, 20, 5, 20.

2) In addition, Defendant A and D received contributions from the relevant union members to their personal account, other than the Trade Union and Labor Relations Adjustment Account, and entered the name of the relevant union members in the same way as Defendant A (related to remittance on December 29, 2009), D, E, F, and G in the case of remittance to the account under the name of the relevant political party. In light of the process of raising and conveying such contributions, it is difficult to deem that the Defendants raised the fund of Trade Union and Labor Relations with the funds received from the relevant union members, and rather, it is nothing more than merely a mere collection of contributions with the delegation from the union members seeking to participate in the tax credit program of V political parties, and again delivery of the funds to the V political party side. However, in the case of Defendant A (related to remittance on December 28, 2009), B, and C, only the name of the relevant union members in the name of the relevant political party to easily use the funds under the name of the relevant union members in the process of transferring the funds to the account under the name of the relevant political party.

3) Furthermore, all members of the Trade Union and Labor Relations Commission of this case contributed KRW 100,000 to V political parties personally owned funds, and received a tax credit of KRW 100,000,000,000,000,000,000,000,000 from 209 or 2010,000,000,000,000,000,000,000 won, which were previously paid to the members of the Trade Union and Labor Relations Association around early 2009 or 2010. However, in the case of this Trade Union and Labor Relations Association branch to which Defendant F belongs, there is room to view the amount of KRW 170,000,000,00,00,000 as 10,000,000,000,000,000,00,00 won, which were 100,000,000.

C. Thus, since the facts charged in this part of the facts charged constitute a case where there is no proof of crime, each of the defendants should be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as the court found the defendant guilty of violating the Political Funds Act due to the illegal acceptance of each political fund in a mutually competitive relationship, the judgment of innocence shall not be rendered separately from the disposition

It is so decided as per Disposition for the above reasons.

The assistant judge of the presiding judge;

Judges Lee Jin-hin

Judges No. 54