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(영문) 창원지방법원 2015.02.12 2011고단2786 (2)
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

Anyone shall be prohibited from contributing any political fund by means that are 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, and from contributing any support fund to any political party from March 13, 2006 when the supporters' association of the political party is abolished.

The defendant was appointed as a teacher of a national or public school who is a state public official on March 1, 1994 and is currently serving as a teacher of the D High School at present.

Before July 26, 2006, the Defendant applied for automatic payment through the CR transfer method and stated that the Defendant paid KRW 20,000 from the Defendant’s national bank account from the Defendant’s national bank account via the CMS transfer method via the financial settlement center located in Gangnam-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, the Defendant paid KRW 20,00 from the Defendant’s national bank account to the E-party account opened in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. However, the evidence submitted by the Prosecutor alone is insufficient to recognize the Defendant as “party membership fee” in the indictment. However, even if the Defendant changed the name of the above transfer fund into “support fund” as above, it cannot be said that there was any substantial disadvantage to the Defendant’s exercise of his right to defense, and thus, the “party membership fee” should be recognized ex officio as a “support fund” without changing the indictment.

In addition to the transfer under the name, from January 25, 2008, a sum of KRW 380,000,000 to 19 times in total, as shown in the attached Table 1 of Crimes List with respect to the accused, was transferred from that time to January 25, 2008, and contributed political funds.

Summary of Evidence

1. Partial statement of the defendant (the fourth court date);

1. The details of reports on election management, such as the deposit account per E, and the accounting report of 206;

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