[1] Legislative intent and scope of Article 30(1) of the former Political Funds Act

[2] The case holding that Article 30 (1) of the former Political Funds Act constitutes a violation of the case where the chairman of a political party's district party uses a political fund receipt under the name of the supporters' association in the form of a political fund receipt, without delivering it to the supporters' association

[1] Articles 2(1) and 30(1) of the former Political Funds Act (amended by Act No. 7191 of March 12, 2004) / [2] Articles 2(1) and 30(1) of the former Political Funds Act (amended by Act No. 7191 of March 12, 2004)

[1] Supreme Court Decision 2001Do435 Decided July 27, 2001 (Gong2001Ha, 2020) Supreme Court Decision 2003Do8294 Decided August 20, 2004 (Gong2004Ha, 1619) Supreme Court Decision 2004Do7670 Decided February 10, 2006 (Gong2006Sang, 467)

Defendant

Defendant

Law Firm Seol, Attorneys Seo-sik et al.

Daejeon High Court Decision 2006No19 decided April 5, 2006

The appeal is dismissed.

1. Article 2(1) of the Political Funds Act (amended by Act No. 7191, Mar. 12, 2004; hereinafter "the Act") provides that "any person shall not contribute or receive any political funds unless otherwise prescribed by this Act" and Article 30(1) provides that "any person who gives or receives any political funds in a manner that is not prescribed by this Act" shall be punished. The main legislative purpose of Article 30(1) of the Act is to punish any person who receives political funds personally and voicely without using such normal methods as party membership fees, support payments to political parties or members of the National Assembly, deposit of political funds to political parties, grant of subsidies to political parties to any political party, etc., which are provided in the Act, shall be deemed to punish any person who receives political funds in a personal and voice manner, not through a supporters' association, and in cases where any person or corporation receives political funds directly without going through a supporters' association, such act of receiving political funds by itself without going through a supporters' association, regardless of whether a receipt in the name of the supporters' association is granted (see Supreme Court Decision 2000Do. 364.74.

The court below determined that the defendant received political funds through a supporters' association, in light of the fact that the defendant was not authorized to receive political funds in the name of the supporters' association even if he was issued to non-indicted 1, and used political funds in the name of the supporters' association without delivering it to the above supporters' association by the non-indicted 1 (the representative director of the company name omitted), the representative director of the company (the company name omitted) and did not transfer it to the above supporters' association, and that the remaining KRW 45 million was used directly, and that the remaining KRW 45 million was deposited in the private account of the head of the administration of the above district and the non-indicted 2, the secretary general of the supporters' association, and that the defendant was frequently withdrawn and used. The court below determined that the defendant received political funds in the name of the supporters' association even if he was issued to the non-indicted 1, in light of the fact that the defendant did not receive political funds in the name of the supporters' association and did not deliver it to the supporters' association.

In light of the above legal principles and records, the court below's above evidence cooking, fact-finding, and judgment are just and acceptable, and there is no violation of the rules of evidence or misunderstanding of legal principles as to the violation of Article 30 (1) of the Act, or violation of the principle of no punishment without law as alleged in the

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

Justices Son Ji-yol (Presiding Justice)