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(영문) 춘천지방법원 강릉지원 2016.10.06 2016고단8
직권남용권리행사방해
Text

Defendant

B A fine of KRW 4,00,000, and Defendant E shall be punished by a fine of KRW 1,000,000.

Defendant

B and Defendant E above.

Reasons

As to the criminal history room (basic facts), the status of the Defendants and the remaining basic facts, see the relevant part of the charges of not guilty as follows: (a) Defendant A discussed a plan for implementing the residents' voting under the name of the "J Committee" around August 31, 2014, along with Defendant B, Defendant C, and Defendant D; and (b) established a plan for granting subsidies to the J Committee from the K Sindo budget; (c) by allowing the J Committee to register the collection of donations with L Do Governor; and (d) by allowing L Do Governor to collect donations, to cover the expenses incurred in the operation of the J Committee.

However, after that, the Ministry of Security and Public Administration notified the ombudsman of the position of “City/Do budget subsidization in favor of the national policy” on the grounds that Ldo or K City could not provide subsidies with respect to the residents’ voting in violation of the national policy, etc., the K City and Ldo could not receive subsidies from the J Committee due to its local finance.

In addition, in the case of registering the collection of donations, a copy of documents evidencing that the relevant organization is a “authorized organization”, such as articles of association, party constitution or rules, a copy of the certificate of registration of a political party or a certificate of registration of a group reporting, in the case of a corporation, political party, or other organization (Article 3(2)4 of the Enforcement Decree of the Act on Collection and Use of Donations). However, in the case of the J Committee, there is no evidence to prove the performance of public activities for the last one year or more, it cannot be recognized as a “authorized organization” under the Assistance for Non-Profit, Non-Profit, Non-Profit, Non-Profit

As above, when the JJ cannot obtain subsidies from Ldo or K City and it is impossible to secure all operating expenses due to the lack of the registration for collection of donations, Defendant D received special membership fees from Mat-Law around September 17, 2014 from the member of the JJ as the special membership fee.

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