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(영문) 광주지방법원 2014.07.23 2012노1633
정치자금법위반등
Text

[Defendant B, C, D, E, F, G, K, L, M,O, Q, R, S]

1. The part of the judgment of the court below against the above Defendants is guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The facts charged that “the defendants paid party membership fees as party members,” and the facts charged that the court below convicted of the defendants, “the defendants paid support payments,” are likely to cause disadvantages to the defendants’ exercise of their rights to defense. Thus, the court below’s finding of facts constituting a crime different from the facts charged without any changes in indictment is unlawful by deviating from the necessity or limitation of the amendment in indictment.

B) As long as the lower court’s decision that found the Defendants guilty of having transferred money under the name of support payments ex officio without changing the indictment was unlawful, it should be examined as to whether the Defendants transferred money under the name of support payments. The facts charged that the Defendants paid party membership fees to X party members are not a crime or there is no proof of criminal facts. C) Of the facts charged in the instant case, the violation of the Political Funds Act due to the payment of party membership fees and the violation of the State Public Officials Act constituted a crime of commission. However, although the Cms transfer of party membership fees was unilaterally made by transmitting the EB21 file to the Financial Settlement Board without stating the Defendants’ act, it is unlawful for the lower court to recognize the Defendants as the crime of omission without changing the indictment.

2. The facts charged as to the violation of the misapprehension of the legal principles as to the dismissal decision of public prosecution are that the Defendants paid party membership fees as X party members. Since the Defendants’ act of paying party membership fees in the position of party members constitutes “Methods of contributing political funds provided for in the Political Funds Act” and there is no room to establish a violation of the Political Funds Act, this part of the facts charged is true.

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