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(영문) 서울고등법원 2014.12.04 2014노3017
정치자금법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) The Defendant did not receive money from Defendant B, i.e., mistake of facts and misapprehension of legal principles.

Nevertheless, the court below acknowledged that Defendant A received KRW 210 million from Defendant B on the grounds of Defendant B, AA, and X’s statements, etc., which are not consistent and are not consistent with objective circumstances and are motiveed to make false statements.

B) Even if Defendant A received KRW 210 million from Defendant B, it cannot be deemed that Defendant A received political funds since he received KRW 200 million from Defendant B, this is not only the cost of election for the head of N's O head, who is the husband of Defendant B, but also the cost of Defendant A's political activities, apart from the fact that Defendant A's violation of the Public Official Election Act is not aimed at his political activities, the rate cannot be considered as a crime of receiving political funds. In particular, Defendant B's delivery of KRW 70 million out of KRW 140 million, which Defendant A gave to Defendant A on May 19, 2010, to the head of the local constituency A, the local constituency chairperson of the local constituency A, and thus, Defendant A received political funds. Nevertheless, the lower court determined that Defendant A was a political fund, and that Defendant A's receipt of political funds on account of the nature of Defendant A's political activities at the same time, and that there was an error of misunderstanding of the legal principles and the judgment of the lower court.

2) Even if the Defendant A was found guilty of an unreasonable sentencing decision, the lower court’s sentence (one year of imprisonment) is too unreasonable.

B. The sentence of the lower court against Defendant B (Article 2-1, 2-1, 2-1, 2-1, 3-2, 3-2, 3-2,

[1] 6 months of imprisonment with prison labor, No. 2-b. 2 of the decision of the court below for a crime

- 2) A fine of 3 million won for a crime is too unreasonable.

C. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

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