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(영문) 서울고등법원 2015.04.03 2015노532
정치자금법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Since misunderstanding of facts and misunderstanding of legal principles only recommended the NAF employees to contribute political funds and did not have a position to suppress the will of the employees, there is no fact that the Defendant has arranged the contribution by unfairly suppressing the will of the employees.

There is no fact that the defendant arranged to contribute political funds for the purpose of helping the members of the National Agricultural Cooperative to learn the position of the National Agricultural Cooperative Federation in the process of the revision of the Agricultural Cooperatives Act.

Nevertheless, the court below's decision that the defendant's act constitutes a violation of the Political Funds Act is erroneous and misunderstanding legal principles.

The sentence of the lower court against the Defendant of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

Judgment

According to the evidence duly adopted and investigated by the court below, the following facts are established: ① the Defendant arbitrarily allocated the number of members of the National Assembly and employees to be sponsored to each department of the NAC and each regional headquarters; ② the Defendant prepared a form such as “report on the status of support for National Assembly members”, “the details of the political support for National Assembly members” and “the details of the donation to each local headquarters; ② each of the above officers and employees of the NAF sent back the amount eligible for support payments and the target amount to the designated members of the NAF within the relevant department and region; ③ the officers and employees of the NAF shall be urged to pay support payments to the designated members of the National Assembly; ③ the head office of the NAF or the head office of each regional headquarters shall deposit the list of the donated employees into the account of each member of the National Assembly allocated by the Defendant; ④ the Defendant sent the details of the donation to each member of the National Assembly; and ④ the Defendant organized the donation by each member of the National Assembly.

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