The case holding that the amount that the chairman of the district party receives from the standing adviser of the district party to which he belongs falls under the "party membership fee" under Article 3 (4) of the Political Funds Act.

The case holding that the amount received by the Chairperson from the standing adviser of the district party to which he belongs falls under the "party membership fee" under Article 3 (4) of the Political Funds Act.

Article 3 subparag. 4 of the Political Funds Act

A

Prosecutor

Incheon District Court Decision 92No1120 delivered on March 25, 1993

The appeal is dismissed.

The grounds of appeal are examined.

The court below rejected the charge of violation of the Political Fund Act with respect to the fact-finding that the defendant, who was the chairman of the subsidiary district of the party B, received 50,000 won of political funds not deposited by the election commission in the local council election, under the pretext of supporting the election commission in the election of the local council, and instead, according to the fact-finding that the defendant received the above money under the above pretext, the above money constitutes a party membership fee under Article 3 subparagraph 4 of the above Act, and decided that the above money does not require a deposit to the election commission in accordance with the proviso of Article 11 (1) of the above Act, and in light of the related Acts and subordinate statutes and the records, it is justified that the above fact-finding and

As duly determined by the court below, since the above district party has weak funding from the central party and because it is difficult to collect the party membership fees on a regular basis from the party members, almost all the operation of the district party depends on the personal ability and burden of the chairperson. The above non-indicted 1 was in a standing adviser position in the above district party, and there was no regular payment of the party membership fees, but there was already been no payment of the party membership fees on several occasions, and if the above money received by the defendant in this case was used as the office rent and employee fee for the above district party, it is reasonable to deem that the above money was not paid for the above district party under the official pretext of the party membership fees, and even if it was paid to the defendant to the individual, it constitutes a party membership fee under the above law.

There is no error in the judgment of the court below as to the violation of the rules of evidence and the misapprehension of legal principles as to the above law.

The issue is groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-soo (Presiding Justice)