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(영문) 의정부지방법원 2014.02.17 2011고합280
정치자금법위반
Text

1. Defendant A, C, E, F, G, H, I, J, K, L, M, M, N, P, Q, Q, U,V, W, X, Y, Z, AA, and AC respectively are punished by a fine of 200,00 won.

Reasons

Punishment of the crime

No teacher of a national or public school who is a State public official shall support (political activities) any specific political party or political organization for any political purpose, whatever the pretext it is, with money or materials.

In addition, anyone is prohibited from contributing any political fund in a way that is not provided for in the Political Funds Act, and anyone who intends to contribute any support fund to any political party before March 13, 2006 shall contribute any support fund to the supporters' association of the political party and shall not directly contribute any support fund to any political party. From March 13, 2006 when the supporters' association was abolished, anyone is prohibited from contributing any support fund to any political party including the form of leading the supporters' association of the political party.

1. The Defendant A (201No. 280) was appointed as a teacher of a national or public school on March 20, 1996 and is currently in office as a teacher of a AJ elementary school.

On or before January 2004, the Defendant indicted the Defendant’s Han Bank account of KRW 10,000 from the Defendant’s Han Bank Account via the “Cmp transfer method” (Cmp transfer number AL), and around July 26, 2006, via the Cmp transfer method to the Korea Financial Settlement Agency located in Gangnam-gu Seoul Metropolitan Government, the Defendant charged the Defendant for paying KRW 10,000 from the Defendant’s Han Bank Account into the “Ak Bank’s account established in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.” However, it is insufficient to conclude that the Defendants intended to subscribe to the “party membership fee” as a party member, and it is difficult to conclude that the Defendants intended to pay the “party membership fee” as provided in the Political Fund Act when paying the money. It appears that the Defendants intended to directly pay the “contribution” to a political party under the status of a party member under the Political Fund Act.

The portion prosecuted by the prosecution as "party membership fee" shall be changed to the portion paid as a "support fund".

From the time of transfer to August 27, 2007, the same method is applied.

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