The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal does not constitute a religious organization under the Act on the Collection and Use of Donations (hereinafter “the Act”), and the person who has paid a support payment cannot be deemed to be a new person, and the above support payment cannot be deemed to be a expense necessary for the religious organization’s own activities. However, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Judgment of the court below

A. The definitions of terms used in this Act are as follows: Articles 2 (Definition) and 2 (Definition) of the Act of this case

1. The term "donations" means money and articles collected without any consideration, regardless of their names, such as money and articles to be returned, congratulatory money and articles, and supporting money and articles;

Provided, That any of the following items shall be excluded:

A corporation, political party, social organization, clan association, social group, or friendship group, etc. collected from its members for membership fees, lump-sum payments, membership fees, or money and other valuables for the common interests of its members pursuant to the articles of association, regulations, or rules.

(b) Money and other valuables collected by Buddhist temples, churches, Confucian schools annexed thereto, or other religious organizations from believers to appropriate them for expenses necessary for their proper activities;

(c) Money and other valuables collected by the State, local governments, corporations, political parties, social organizations or friendship groups from their members to donate to their members or third parties;

(d) A person who intends to collect donations, the amount of which is at least 10 million won, which is prescribed by Presidential Decree, collected from his/her members to appropriate for the expenses incurred in the establishment, management, etc. of a school association, supporters' association, scholarship association, or alumni association, shall prepare a plan for collection and use of donations, stating the following matters, and the Minister of Security and Public Administration, as prescribed by Presidential Decree: