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(영문) 서울고등법원 2014.05.23 2014노777
정치자금법위반
Text

1. The judgment below is reversed.

2. The first-A of the judgment of the defendant A.

Part 1-B of the holding is 6 months of imprisonment for a crime.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A borrowed money from Defendant A, C, D, and U with respect to the portion of the illegal receipt of political funds, Defendant A’s borrowing of money from Defendant B, C, D, and U, Defendant A cannot be deemed as free of charge because there was an interest agreement. ② The money borrowed by Defendant A from Defendant B and D in May 2010 is M [the money borrowed from Defendant A as the husband of Defendant A in May 2, 2010] (hereinafter “instant election”).

(3) The portion of the illegal receipt of political funds from V and X is not only borrowed by Defendant A but also by DongW who is a son but also borrowed money after the expiration of the election campaign period. Thus, it cannot be said that political funds are political funds.

B) It is true that Defendant A delivered 12,00,000 won in cash to the Z with respect to the revenue and expenditure of election funds that are not carried out by the person in charge of accounting. However, Defendant A was aware that the Z, who was in charge of election campaign as the head of the election planning team, was aware that the Z would disburse the above money without going through a person in charge of accounting, and was aware that some of the above money was borrowed from BI to repay the amount of KRW 120,000,000,000,000 from August 24, 2010 and December 31, 2010 between Defendant A and C, and Defendant A and D with respect to unjust receipt of political funds on October 6, 2010 between Defendant A and D, the lower court determined that the above amount did not constitute political funds.

However, the above defendants stated that each of the above defendants stated that "a loan or contribution is made for the repayment of debts such as personnel expenses incurred during the election."

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