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(영문) 창원지방법원 2014.08.19 2011고단2786 (1)
정치자금법위반
Text

1. Defendant shall be punished by a fine of 200,000 won

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

[2011 Highest 2834] No teacher of a national or public school who is a State public official may support (political act) any specific political party or political organization with money or material for political purposes, whatever the pretext it is.

In addition, anyone is prohibited from contributing any political fund by means that are not stipulated 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, and from contributing any support fund to any political party from March 13, 2006, including the form in which the supporters' association is abolished, from March 13, 2006.

The defendant is currently serving as a teacher of a national or public school who is a state public official on March 1, 198, and is currently serving as a Cmiddle School teacher.

1. On or before April 23, 2004, the Defendant applied for “the automatic payment by way of cms transfer” to D, and around July 26, 2006, via the Cms transfer method to the financial settlement center located in Gangnam-gu Seoul Metropolitan Government, the Defendant’s agricultural bank account from the Defendant’s agricultural bank account via the cms transfer method, stating that the Defendant paid KRW 10,000 from the Defendant’s agricultural bank account located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government to the Defendant’s financial settlement center, the amount of KRW 10,000 from the Defendant’s bank account was indicated as the “party membership fee” in the written indictment for support payments. However, the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant paid the amount transferred to D party account as the “party membership fee”. However, even if the Defendant changed the name of the said transferred fund into “support fund” as above, it cannot be said that the Defendant’s exercise of the Defendant’s right to defense.

In addition to the transfer under the name, from September 25, 2008, 27 times in total, such as the statement of the list of crimes in the same manner with respect to the accused from September 25, 2008.

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