Defendant 61

Kim Sung-ju (Public Prosecution), Jinil-il (Public trial)

Attorney Cho Jae-ju

Defendant shall be punished by a fine of 300,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

Acquittal of violation of the Political Parties Act against the defendant.

Anyone shall be prohibited from contributing any political fund by means that are not prescribed by 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.

After being appointed as a teacher of a private school on March 1, 1994, the Defendant was temporarily dismissed from office from March 1, 2010, while he/she was employed as a teacher of a private school at the 25th high school.

On or before November 12, 2004, the Defendant applied for the “Automatic Payment through the Cmmp transfer method” to ○○○○○○○○○○○○, and made a contribution of political funds by transferring KRW 10,000,000 from the Defendant’s new bank account to ○○○○○○○○○○○○○○○○ through the Cmp transfer method around July 26, 2006, and from that time until September 25, 2008 through the same method, including the transfer of KRW 27,00,000 from the Defendant’s new bank account to ○○○○○○○○○○○○○ through the same method as indicated in the List of Crimes (Defendant 61).

1. Partial statement of the defendant;

1. Each protocol of examination of the witness against Nonindicted Party 2 in the instant case, including the 2010 Manda497, in which some statements are made

1. Defendant’s “CMS transfer details”

1. “CMS transfer registration and termination information” against the Defendant

1. The Defendant’s “EB21 File Malaysia”

1. The defendant's "Personnel Record Card"

1. Details of the transaction of ○○○○○○○ account from January 1, 2004 to February 28, 2005, and deposit transaction of ○○○○ Account from March 1, 2005 to November 30, 2009

1. The details of reports on the election of the National Assembly members of the 18th National Assembly, which was made on April 9, 2008, the submission of the receipt of a party membership fee, the report on the election of the 2008 National Assembly members of the 2008 National Assembly, the details of reports on the election of the 2006 National Assembly members, the submission of reports on the election of the 2008 National Assembly members of the 2006 National Assembly, the materials submitted, the detailed statement of each property, the overall list of property and revenue of each political party, the general list of revenue and expenditure of each political party, the revenue and expenditure of each political party, the general list of revenue and expenditure of each political party, the revenue and expenditure books of each political party, the revenue and expenditure books of each political party, the revenue and expenditure books of each political party, the revenue and expenditure books of each political party, the submission of reports on the 2008 National Assembly members of the 2000○○○○ Party; and

1. Each judgment;

1. Each investigation report (including reports attached to accounting data and reports attached to additional accounting data);

1. Each investigation report (including attached documents) (including a statement of a person in charge of financial settlement, a witness examination protocol and a copy of Cms manuals for ms;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 45(1) of the Political Funds Act (Generally, Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. The summary of the assertion (as to the payment of money by cm transfer);

A. Non-existence of a certificate of the fact that the party membership fee was paid as "party membership fee"

Although the facts charged indicate that he joined the “party membership fee” and paid the “party membership fee,” the “party members’ roster” or “party members’ number” alleged by the prosecution are merely the serial numbers assigned according to the order of cm transfer, and there is no other evidence to prove that the Defendant applied for membership as a party member’s intention.

In addition, it is necessary to revise the indictment because it causes substantial disadvantage to the defendant's right of defense, in order to recognize that "support payment" was paid differently from the facts charged.

B. The absence of criminal intent to pay the money to the political party itself and mistake of law;

The Defendant’s support payment based on the active public relations of ○○○○○○ Party, Nonindicted Party 1, a member of Nonindicted Party 1, an official confirmation by the National Election Commission on whether he/she was a member, and the details of guidance on the year-end settlement at the school of his/her service, etc. constitutes a case where justifiable grounds exist to mislead the Defendant that he/she did not have criminal intent or that he/she did not constitute a crime under the law.

C. Whether the violation of the Political Funds Act is subject to the decision to dismiss the prosecution under Article 328(1)4 of the Criminal Procedure Act

If a defendant becomes a party member under Article 53 of the Political Parties Act as stated in the facts charged, it shall be separate from the criminal punishment of a violation of the Political Parties Act. However, as long as there exists a party member agreement in substance, the defendant's act of paying the party member fee constitutes "Methods of contributing political funds provided for in the Political Funds Act" and thus constitutes a violation of the Political Funds Act. Thus, the facts stated in the indictment that "the defendant's act of paying the party member fee as a party member of the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ party does not constitute a method of contributing political funds provided for in the Political Funds Act" are not included in the indictment that "if it is true, it shall be dismissed

(d) No penal provision exists for a person who has paid a support payment to an illegal supporters' association or similar organization under the Political Funds Act;

Article 45(1) of the Political Funds Act stipulates that Article 45(1) of the same Act shall apply to the receipt and payment of voice political funds that do not fall under the method of receiving political funds provided by the same Act, and Articles 45(2) and 46 of the same Act shall apply to cases where they fall under the method provided by the Political Funds Act, but they deviate from the limit of discipline.

However, even though the ○○○○○ Party was abolished on March 2006 and it was impossible to become the person entitled to designate a political party’s supporters’ association, it still has received support money from Defendant while establishing and operating a supporters’ association or a similar organization under the name of ○○○○ Party. However, Article 45(2)1 of the Political Funds Act can be punished for ○○○ Party, which is a person who establishes and operates a supporters’ association or a similar organization of a supporters’ association, under Article 45(2)1 of the Political Funds Act, the Defendant cannot be punished unless otherwise prescribed.

2. Basic facts

According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

(a) The party constitution on the party members, etc. of the ○○○○ Party, and the contents of the party regulations;

(1) An overview;

Since the formation of the political party on January 200, 200, the ○○○○ Party deleted the provisions related to the party relations (Article 5 of the party constitution before July 2006) under the party constitution from the Election Commission around 2006 when it had been operated with party members, party members, supporters’ association members (general supporters’ association members, local supporters’ association members) and operated with them (Article 5 of the party constitution before July 2006). (As seen below, some of the provisions related to the party relations are deleted, and some of the provisions are kept) and converted into the support party members by establishing the support party system instead of the supporters’ association members, and then newly establishing the support party system instead of the supporters’ association members, the party constitution of ○○○○○ Party on party members and party members’ membership fees, and the contents of the party regulations are as follows:

(2) The party constitution before July 2006 and the party regulations

○ Party Constitution

Part II Party Members (Revision to the Third Regular Session of March 1, 2003)

Article 4 (Party Members)

(1) A person who is eligible to become a political party under Acts and subordinate statutes, consents to the ideology and policy of a political party in Korea, and a person who participates in activities of a party may become a party member by taking a prescribed procedure.

(2) Matters concerning admission, secession from party, withdrawal from party, expulsion from party, etc. shall be prescribed by the party rules.

Article 5 (Mailty)

1. A person who consents to the ideology and policy of a political party and participates in activities of a political party may be a party member by taking a prescribed procedure.

(2) Matters concerning the admission to and withdrawal from the political party, rights and obligations, etc. shall be prescribed by the party rules.

Article 6 (Rights and Duties of Party Members)

(1) A party member shall have the following rights:

1. Right to vote on duty and to be elected as provided for by the party constitution and party regulations;

2. Right to participate in decision-making of the political party and all activities;

3. The right to be provided with data and education about the political party's policies and activities and to present its opinions thereon;

4. A right to demand necessary measures in accordance with the procedure set forth in the current rules against infringement as a member; and

5. The right to request the summons of all the elected parties and the elected parties to an election for public office in accordance with the party rules;

(2) Any party member shall have the following duties:

1. Obligations to observe the party constitution and party rules, and to comply with the decision and order of the party;

2. Obligations to complete education for essential party members conducted at each level;

3. Obligation to maintain confidential information of tissues;

4. Obligations to pay party membership fees;

5. Obligation to maintain integrity and dignity;

○ Provisions on Party Members No. 1 of the Party Regulations

Article 2 (Joining Party) (Revision to Third Central Committee on June 28, 2002) (Revision to First Central Committee on April 1, 2003)

(1) A person who intends to become a member shall submit the application forms for joining the local committee located in any of the following subparagraphs: Provided, That if no regional committee exists in the relevant area, he/she shall submit the application forms for joining the nearby local

1. Domicile; 2. Place of business (including organization’s domicile);

(2) The forms and methods of application forms and recommendations shall be determined by the secretariat of the central party.

(3) A written application submitted to the Central Party or a branch shall be sent to the relevant local committee without delay.

(4) The admission shall become final and conclusive by entering in the roster of party members after examination by the qualification screening organization.

Article 3 (Examination Organization of Qualifications for Party Members) (Amendment to the Third Central Committee on September 25, 2003)

(1) A qualification examination organization for party members shall take charge of admission, withdrawal from a party, and transfer of party members.

(2) Matters concerning the composition and operation of a qualification examination organization for party members shall be determined by the branch operating committee.

(3) A qualification examination organization for party members shall verify the following matters without fail:

1. Whether an applicant for admission has submitted an application for admission in compliance with the standards for organizing the regional committee;

2. Whether there exists any history of resignation from the party, expulsion and expulsion from the party;

3. Where the method of paying party membership fees is not cms, express the reasons therefor (the detailed details shall be determined by the relevant regional review organization);

Article 5 (Secession from Party)

(1) Any party member who wants to resign from a political party shall pay the written report of resignation from the party to which he/she belongs.

(2) Upon receipt of the written report of resignation from the local committee, the entry on the roster of party members shall be deleted and entered in the roster of party members.

(3) A regional committee shall report the receipt to the Central Party within ten days from receipt of the report of resignation from the party.

Article 10 (Lists)

(1) The Secretariat of the Local Committee shall prepare and keep a roster of party members and a roster of party members.

(2) No list shall be open to the public, except where it is provided by statutes or requested by the central authority.

Article 11 (Postal Affairs)

(1) The rights and obligations of party members are as follows.

(2) A person who intends to join a political party shall clearly state his/her intention to join the written application for joining the political party.

3. The Secretariat of the Local Committee shall prepare and keep a list of party mail lists and a list of withdrawals.

4. The parties shall be deemed to be equal to members on all the current rules and rules, except for the provisions of paragraphs 2 and 3 above or in relation thereto.

○ Provisions on party membership fees set forth in subparagraph 4 of the party rules

Article 2 (General Party Members Fee) (Art. 25, 2003 amended by the Third Central Committee)

(1) A general party membership fee shall be at least 10,00 won per person: Provided, That the number of unemployed persons, unemployed persons, students, and persons dismissed shall be at least 5,00 won per month, and their objections shall be confirmed by a local committee. In addition, persons who are detained by a political party, workers, public-private sports activities, are exempt from a party membership fee during the relevant period. The confirmation thereof shall be made by the local committee or the central party secretariat.

(3) Any of the following party members related to party membership fees shall not have a right to work on duty, to elect public office, and to be elected, and a general meeting of party members:

1. Any party member who has not paid the general party membership fee for 12 months from the delivery of the exercise of the party right, for at least three months accumulated;

2. Party members for whom three months have not passed since they become party members;

(4) Any party member who joins or does not exceed three months shall pay the whole party membership fees.

(5) The party membership fee that has not been withdrawn for each quarter (three months) may be withdrawn in a lump sum.

Article 3 (Methods of Paying Party Membership Fees)

(1) In principle, party membership fees shall be paid automatically: Provided, That they may be paid directly in extenuating circumstances.

(2) A party member who intends to automatically pay a party membership fee shall apply for automatic payment in accordance with the procedures prescribed by the secretariat of the central party.

(3) Party members who intend to directly pay party membership fees shall pay them to affiliated agencies.

(4) A party membership fee directly paid shall be prepared by a list of persons in charge of the affairs of the relevant party agency and the amount for each payer in the fixed form, and submitted to the secretariat of the central party within the month in which it is paid.

(3) The party constitution as amended after July 2006, and the contents of the party regulations

○ Party Constitution

Article 4 (Party Members)

(1) A person who is eligible to become a political party under Acts and subordinate statutes, consents to the ideology and policy of the political party of Korea, and a person who participates in activities of the party may become a party member by taking a prescribed procedure.

(2) Support centers may be established.

(3) Matters concerning admission, secession from party, withdrawal from party, expulsion from party, etc. shall be prescribed by the party rules.

○ Provisions on Party Members No. 1 of the Party Regulations

Article 11 (Paws)(Pawsk 3 amended by the Central Committee on July 4, 2006)

(1) A person who intends to join a political party shall clearly state his/her intention to join the written application for joining the political party.

2. The Secretariat of the Local Committee shall prepare and keep a list of party mail lists and a list of withdrawals.

○ Provisions on party membership fees set forth in subparagraph 4 of the party rules

Article 2 (General Party Membership Fees)

(1) A general party membership fee shall be at least KRW 10,00 per person: Provided, That a person who monthly income is at least KRW 1.5 million shall be at least KRW 5,00,000, and an objection shall be confirmed by a local committee. In addition, a person who is detained, reduced, or discharged in connection with the activities of a political party, a worker, or a public or private sports may be exempt from a party membership fee during the relevant period. The confirmation thereof shall be made by the regional committee or the central committee secretariat

(b) Procedures, etc. for joining party members of ○○○○○○ Party;

(1) Procedures for joining party members

The method of joining a party member to ○○○○ party is made through the website of the central party or by submitting an application for direct membership to a local City/Do party or the central party. If a party member is requested through the Internet, the central party may immediately approve the party member and return the case where the party member's information falls short of the party member's information and request confirmation through the local committee.

○ In the case of filing an application for membership through a regional committee, the party executive staff shall enter the party member information (including the amount of party membership fee agreement, settlement date, bank account number, account number, and account-based resident number for the ○○○○○ Party’s transaction as seen below) by accessing the party member management program and making a request for approval, the party executive staff shall return the information to the relevant region after confirmation by the central party, if there is lack of registered data in the approval process and approval process, and shall return the information to the relevant region, and the State 6) if re-requesting after correcting the party member information in accordance with the relevant reason for rejection after confirming the reason for rejection.

A person who intends to be a sponsor(s) shall not go through the approval procedure of the central authority, and may withdraw orally without withdrawal from the party(s).

Where a request for resignation from a party member is made, the primary collection of the request for resignation from the party member shall be in charge of the regional committee (in principle, guidance on contact information of the relevant local committee is given even in the case of a request for resignation from a central party), a direct visit, e-mail, facsimile, etc. shall be kept in writing.

As used before July 2006, the “application for membership fee of ○○○○○○ Party member, party members, supporters’ association members, and supporters’ association members are required to keep a check among the items of party members, party members, and supporters’ association members. Personal details were recorded in the account number, the amount of party membership fee agreement, the party membership fee settlement date, etc. In order to pay the party membership fee automatically. However, the “the party membership fee settlement date” was made to keep a check during the “five days, and twenty-five days,” and the “the party membership fee classification” among the items of party members’ information of the ○○○○○○ Party member management program was classified into party members, party members, and supporters’ association members (general, global, and early stage members). As of the “application for membership fee” of ○○○○○○ Party, the “application for membership fee” is written in the form of “application for membership fee and automatic membership fee payment”, and each “the party membership fee payment date” is selected for every five days.

(2) Related to rain, etc.

In the manual of 2005, “A public official under the substantive law may not engage in political activities.” The ○○○○○ Party has previously joined and handled public officials in favor of the party members, and in this case has the same rights and duties as the party members. In the case of teachers, there is room for some political activities as a result of the strike that occurred in the center of the former school, and there is almost no active pressure. In the case of public officials, he must confirm and take care of the fact-finding. Occupation is a good-faith, an occupation is a party membership, a union membership is a party membership, a participating organization is indicated as a “party membership” in the region of the former Labor Relations Assistance Act (the name of the participating organization shall be indicated as the original name). In principle, if a party member is to leave the election on duty, a candidate shall be actively protected. Unlike being indicated in the party member management program, the contents that a party member fee and a supporters’ association shall be withdrawn on the 20th day of each month.”

In the manual of 2005 manual, the statement of the party members management program shall state that “the matter of caution” can be changed among the members of the political party: “The party members of the political party?The general supporters’ association?The general supporters’ association members of the district party may be changed, but in the case of a change to the members of the party or the members of the supporters’ association of the district party, it shall be re-registered as a change in the new party members registration after the resignation and treatment

In the manual of 2005 ABC, the election management work ABC provides that “all party members shall be notified of the main contents of the election publication through text messages, etc.,” “The election management commission shall request all candidates to submit opinions on career, policy, and pending issues, and may provide them to party members (right holders) and “personal information (name, e-mail, telephone number, etc.) of the party members may be provided.” In the manual of 2006, it is also stated in the manual of 2006.

(c) Procedures for withdrawing party membership fees from ○○○○○○○ party (Cms relation)

(1) Cms general

○○○○○○○○○ in principle, as seen earlier, received party membership fees through a “Cmsage Management Services” method, which is a service that provides a financial institution (bank, securities company, etc.) and a financial settlement personnel jointly participate, and is a service that can withdraw funds from the account or deposit funds from the account of a customer (in the case of this case, the Defendants) of a financial institution (bank, securities company, etc.) or a customer (in the case of this case).

To use ms for withdrawing funds from the account of the payer (user), first of all, the user agency entered into a financial settlement contract with the CMS and, if the payer submits a written consent for withdrawal transfer to the user agency, the user agency prior to the procedure for transmitting the EB13 file to the user agency. On the file of the above EB13 file, there are information such as the date of application, resident registration number, account number, and payer number. In this case, the individual transferor’s payment number on the EB13 file sent by ○○○○○ Party is consistent with the number of party members (including both party members, party members, supporters’ association members, and sponsor’ association members) registered on the party members management program for ○○○○○○ Party. In the above party members management program, the user number was assigned serial numbers in serial numbers (Provided, That the supporters’ association members were assigned serial numbers beginning from July 200 to 90 to the “party members,” and the party members were assigned serial numbers without distinction of the party members from 5 to 6).

○ The Financial Settlement Board to which the EB13 file is transmitted shall transmit the EB13 file to the relevant financial institution, and the financial institution shall register and manage the payer in a state where it is possible to withdraw the payer according to the content of the EB13 file and take measures to ensure that the Cms transaction will occur later.

○ Since then, the user agency shall transmit the file to the Financial Settlement Agency in line with the withdrawal date (eB21 note 9) file (eB21 note 9) which is requested by the payer to the Financial Institution to withdraw funds from the payer’s bank account, and the Financial Settlement Agency shall withdraw funds from the relevant payer’s account on the relevant date on the basis of this file, if the files are divided into and transmitted by financial institution.

If it is impossible to process due to the shortage of balance, etc., the individual bank returns the EB21 file (EB22 file) which has been Impossible to the Financial Settlement Board, and if the Financial Settlement Board re-deliverys it to the user agency, the user agency confirms whether the EB21 file and EB22 file are withdrawn by each payer through its own computer program.

○ After withdrawal of funds from the account of the payer, the Financial Settlement Board shall collect the EB21 files and EB2 files, and then send the EB23 files containing information such as the amount to be deposited in the user’s Cms mother account to the financial institution (in this case, the National Bank) with which the Cms mother account is opened. In the financial institution that opened the Cms mother account, the sum of individual payers’ withdrawals based on the EB23 files shall be deposited into the Cms mother account (the date of deposit shall be the business day following the date of withdrawal from the payer’s opened account).

(2) Date, etc. of ○○○○○○ transfer

The manual of 2006 states that “the payment of party membership fees may be divided into two ways: “the payment of cms and cash may be divided into two ways; furthermore, the payment of cms may be made on a monthly basis (5,20,25 days) based on the accounts entered in the party members’ information by the party members of the party management program, and the central authority shall apply for direct withdrawal through the financial settlement center, and as such, the local committee shall complete the application for a change to the greatest extent possible by the deadline publicly notified in advance.” The phrase “the application for the withdrawal of cms through the party management program” states that “the withdrawal of 5-day party membership fees, the withdrawal of 20-day supporting party membership fees, the withdrawal of 25-day party membership fees, and the withdrawal of the retroactive party membership fees.” The content of the payment of monthly party membership fees by district, the details of the payment of monthly party membership fees, and the unpaid party members of monthly party membership fees are all identified.

The Defendant and the Defendants of the instant case (hereinafter “Defendants”) transferred a monthly amount to the account of ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

Before February 2, 2005, the ○○○○○○ Party received the party membership fee or the 25th day or 25th day of each month without dividing the party members, party members, and supporters’ association members. From March 2005 to November 2005, the party members received each transfer from 5 days, 25 days, 20 days, 20 days, and 20 days, and the party members received each transfer from 12 days from 205 to 20 days. The party members received each transfer from 5 days, 5, 25 days, 25 days, and 20 days.

(d) Other:

On March 13, 2006, the supporters' association system was abolished, and on March 12, 2006, the ○○○○○ Party abolished the supporters' association on its website on March 13, 2006.On March 13, 2006, the Central Party and the City/Do party's supporters' association were abolished through the public notice of the item (i). From March 13, 2006, when the deposits into the head of the Central Party and the head of the City/Do party's supporters' association, if the deposits into the head of the Central Party and the head of the City/Do party's supporters' association, the deposits would be due to the National Treasury, which would have been returned to the supporters' association under the Political Funds Act. Even if the supporters' association is abolished, the deduction and income deduction should not be lost, and donations paid to the members of the National Assembly could be deducted from the amount of tax paid at the year-end settlement.

On June 9, 2009, the Korean Democratic Labor Union Federation (hereinafter referred to as the "Korean Democratic Labor Union") sent a public letter to the Korean Teachers' Union (hereinafter referred to as the "former Teachers' Union") stating that the Defendants joined and work as its members, “in 2009, central members assigned to the labor sector of ○○○○○○○○, and notifications of election of representatives,” and the above public letter states that all members and representatives assigned to the Korean Public Officials' Union (hereinafter referred to as the "Korean Workers' Union") shall not be disclosed in principle. At least 8 and 3 representatives are assigned to full-time teachers and major teachers, and the number of representatives is not stated in the other public letter. However, in the case of representatives, at least 50 representatives, 10 representatives, 20 representatives per 50 representatives, 30 or more per 50 representatives, 10 or more per 50 representatives, 30 or more per 50 representatives, 10 or more per 50 representatives, 30 or more representatives, 10 or more per 50 representatives.

○○○○○○○○○ Party’s Internet ballot site refers to a sponsoring party (a supporters’ association member) starting with the number “900”, and a member of the party, a member of the party, and a member of the party. However, the ○○○○○ Party did not take any particular measures to prevent him from casting a vote (a statement on the date of the trial of the instant case, etc. by the court of this case, etc., 2010 Gohap497, etc., by Nonparty 2).

3. Determination

A. As to the allegation that there was no proof that the party membership fee was paid as “party membership fee”

(1) Whether the party membership fee was paid

(A) Article 23 of the Political Parties Act provides that a person who wishes to be a party member shall submit the application form for joining the political party and apply for enrollment (Paragraph 1), a political party shall decide whether to admit admission after deliberation and register it on the roster of party members, and the effect of admission shall accrue at the time of entry on the roster of party members (Paragraph 2), and that a person who is not registered on the roster of party members shall not be acknowledged as a party member (Paragraph 4). In order to have joined a political party, a teacher shall apply for admission to a political party, and the relevant teacher shall have registered in the

However, the issue of whether a party member constitutes a "party member" under Article 23 of the Political Parties Act shall not be determined only by the name determined inside a political party, but also by whether an application for membership and approval for membership have the right and duty as a party member as prescribed by the party constitution and party regulations.

(B) First, we examine whether the Defendant applied for membership in ○○○○○ Party as “party members” and registered on the roster of party members at ○○○ Party as “party members.”

The direct evidence related thereto is a roster of party members (in this case, the "party members' roster" registered on the party members' management program managed by ○○○○○○○○ Party. However, in the course of search and seizure of ○○○ Party members, two hard disks were removed inside the "party members and party members' management system" server of ○○○○○ Party members. On September 2008, 2008, ○○○○ Party started to submit information on teachers and public officials in the party members' management program and did not submit the above case on the fourth day of the instant case. Considering that the Defendant applied for membership in the "party members' roster" or the "party members' roster," rather than the "party members' roster," and it is difficult to readily conclude that the Defendant’s act was disadvantageous to ○○○○ Party members without doubt, or that there was no other evidence that the Defendant’s act was unfavorable to ○○○ Party members.

(C) Next, the “○○○○ Party” has the same rights and obligations as the party members, and the Defendant, knowing such fact, applies for membership with the intent to have the same rights and obligations as the party members and applies for membership with the same intent as that of the party members, and examine whether the Defendant was registered as the “party members” on the roster of party members.

In light of the following circumstances acknowledged by the aforementioned facts and evidence, i.e., “○○○○○○○○ Party’s right and obligation as a party member” in the 200-day party bylaws prior to the amendment of ○○○○○○ Party’s 20-year party membership fee. The provision on the party membership fee was deleted on July 206, 2005, and the provision on the party membership fee was partially maintained at the time of entry into the 200-year party membership fee manual. The statement on the 00-day party membership fee management program was written to the effect that it was strictly distinguishable from the party member’s 10-day party membership fee and the party member’s 20-day party membership fee’s 9-day party membership fee’s 10-day party membership fee’s 20-day party membership fee’s 20-day party membership fee’s 90-day party membership fee’s 20-day party membership fee.

However, comprehensively taking account of the following circumstances acknowledged by the aforementioned evidence, the Defendant, without knowing the details of the regulations before the amendment of ○○○○○○ Party, seems to have merely accepted the status of ○○○ Party’s political party’s membership in the same sense as that of ○○○ Party, and applied for membership as ○○○○ Party. In sum, the circumstances acknowledged earlier are difficult to deem that the Defendant applied for membership as ○○ Party’s intention to hold the same status as ○○ Party’s party membership under the Political Party Act, and there is no other evidence to acknowledge it otherwise.

○○○○○○○○ Party classify the term “party members” in the party members management system as party members, party members, and sponsoring party members, and uses the concept of “party members” by mixing the concept of “party members” with the concept including party members, party members, and supporters’ association members, even if Nonindicted 2’s children working as the chairman of the ○○○○○○○○ Party’s main office (at the time when Nonindicted 2’s children working as the chairman of the ○○○○○○○ Party’s office worked as the party members after serving as the party members) around 201.

The literal meaning of ○○○○○○○○○○○○ Party is a party’s friendship, and thus, it is easy for the general public to accept the meaning of “contribute” as “contribute’s members rather than “contribute’s members,” who have rights and obligations against the party, before specifically ascertaining the content of the party rules prior to the amendment (the same as the party members’ rights and obligations).

The joining as a party member is sufficient to be registered on the roster of party members, and it is not recognized as a party member only if he exercises his rights as a party member after being registered on the roster of party members. However, whether a defendant actually exercises his rights as a party member or not shall be considered as a flexible evidence that can be inferred from what the defendants subscribed to at the time of joining. In this case, there is no special evidence that the defendant had exercised his rights as a party member, such as voting for the election on duty as a party member or going to the election on duty, except for those that he paid 10,000 won a month after the commencement of transferring 10,000 won per month, there is no reason to believe that the defendant in this case was able to exercise his rights as a party member, such as

○○○○○○ Party reported not only the party members but also the funds transferred from the supporters’ association members or the support party members as “party members fee” on the front line.

○ The Defendant was aware of the fact that teachers cannot join a political party as party members, and accordingly, they cannot pay party membership fees as party members. Considering that if the Defendant intended to join as party members, it would have chosen the method of “direct payment” as stipulated in the Party Regulations rather than the cms method with which transfer records remain at the time of paying party membership fees, it would be more reasonable to deem that the Defendant merely transferred money through cms method, on the ground that it was considered to have a meaning of support.

○○○○○○○○○○○○ Party was a party member of the ○○○○ Party from the time when the ○○○○○ Party was established on January 200, and thereafter sent the ○○○○○○○ Party to the ○○○○○○○○○○○○○○○○○○○○○○ Party. Since then, around 2008, Nonindicted Party 1 retired from office to be a member of the ○○○○○○○○○○○○○○○ Committee, who was working as a teacher. Accordingly, Nonindicted Party 1 was aware of the law that the ○○○○○○○○○○ Party was unable to engage in such legitimate activities, and there was a lot of concern on whether to maintain the ○○○○○○○○ Party’s position. Ultimately, there was no reason to conclude that the ○○○○ Party could engage in such activities as a justifiable party.”

(D) Ultimately, it is difficult to view that the Defendant subscribed as a party member or was willing to hold the same status as a party member, and it is also difficult to evaluate that the Defendant’s nature of the money paid is “party membership fee” that is paid as a party member.

(2) Possibility of recognizing “support payments” as being paid, and the need for modification of indictment

(A) As seen above, it is reasonable to view that the Defendant transferred the money under the name of “support money” in full view of the developments leading up to the transfer of the money of this case, the Defendant’s intention related thereto, and other various circumstances acknowledged by the aforementioned evidence.

(B) However, in order to recognize that a “support payment” was paid differently from the facts charged, it can be said that there is a need to modify the indictment.

Without changing the indictment, in order to recognize facts constituting a crime different from those stated in the indictment ex officio without changing the indictment, the court shall be limited to the extent identical to the facts charged and shall not cause substantial disadvantages to the defendant's exercise of his/her right to defense (see Supreme Court Decision 2010Do5975, Sept. 9, 2010, etc.).

The facts charged in the indictment of this case are as follows: “The defendant violated Article 45(1) of the Political Funds Act by transferring the money in the name of “party membership fee” to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Fund

In addition, according to the defendant and his defense counsel's assertion, the court has undergone sufficient deliberation on the "cases where support payments may be donated to a political party's supporters' association before March 13, 2006" and the "after that time, where a person, other than the designation authority, establishes and operates a supporters' association or a similar organization of a supporters' association, he/she shall not be punished only by the installer and operator pursuant to Article 45 (2) 1 of the Political Funds Act". Thus, even if the above transfer money was recognized by changing the name of the above transfer from the party membership fee to the "support fund" without changing the indictment, it is deemed that there

Therefore, in this part of the facts charged, the term “party membership fee” is merely an indication necessary in the process of generally and externally specifying that it is a political fund donated by means other than those provided for in the Political Funds Act, and thus, it is not likely that the Defendant’s exercise of the Defendant’s right to defense may not cause any substantial disadvantage. Thus, this court may recognize the name of “party membership fee” as “support

B. As to the absence of criminal intent to pay the money to the political party itself and the assertion of legal mistake

(1) POE ACT. - In particular, prior to the closure of a political party’s supporters’ association on March 13, 2006

The general situation where the mistake of a law is at issue is the case where it is allowed even if certain acts are prohibited by law. However, the support to a political party was possible within a certain range through a political party's supporters' association until the support to a political party is prohibited at source due to the abolition of a political party's supporters' association on March 13, 2006.

In a case where the Defendant’s assertion is deemed to the purport that “Until a political party’s supporters’ association is abolished, it would have been an intention to support a political party by legitimate means permitted by the law, or that the Defendant did not intend to directly support a political party without going through a political party’s supporters’ association,” there is a question whether such a problem is not an issue as to the elements of a crime.

However, in the process of the instant case, there was no Defendants asserting that the Defendants commenced supporting the ○○○○○○○○○○○ Party with the intent to pay support payments via the ○○○○○○ Party’s supporters’ association, and there was no circumstance to deem that all or part of the Defendants had the intent to pay support payments through the ○○○○ Party’s supporters’ association at the time of the payment of support payments on the record of the instant case. Moreover, there was no other circumstance to deem that the Defendants had the intention to directly support the ○○○○○○ Party and directly support the ○○○○○○○○○○○○ Party at the time of the commencement of support payment. As long as the Defendants did not recognize the difference between the direct support of the ○○○○○○ Party and the support payments through the ○○○○○ Party’s supporters’ association, the assertion that the Defendants knew of the fact that the Defendants

(2) Determination of justifiable grounds in a mistake of law

Ultimately, even if the amount paid, as alleged by the Defendant, has the nature of support payments to political parties rather than party membership fees, it was not allowed to pay support payments directly to political parties even before March 13, 2006, when the supporters’ association existed, and after March 13, 2006, the payment of support payments to political parties was not allowed in any form. The Defendant’s assertion constitutes a mistake of law, rather than as to the absence of criminal intent, regardless of the assertion about support payment before March 13, 2006 or the absence of criminal intent.

Article 16 of the Criminal Act provides that an act of misunderstanding that one's own act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for misunderstanding. However, it is generally accepted that his act constitutes a crime, but it does not constitute a crime under the Acts and subordinate statutes in his own special circumstances, and if there is a justifiable reason for misunderstanding, it shall not be punishable. Whether there exists a justifiable reason or not shall be determined depending on whether the act of misunderstanding is not aware of the illegality of his own act as a result of the failure to perform his/her duty even though there was a possibility that he/she would have been aware of the illegality of his/her act if he/she had done so with his/her intellectual ability, and the degree of effort necessary for recognizing the illegality should be determined differently depending on the situation of the act, the awareness ability of the offender, and the social group to which the actor belongs (see Supreme Court Decision 2008Do11679, Jul. 15, 2010).

On the other hand, the defendant and his defense counsel argued that the act of directly paying support money to the ○○○○○○○○○○○○○○ through publicity on the side and explanation of the persons related to the ○○○○○○○○○○○○○○○○○○○○○○○ Party was legitimate, but the defendant was sufficiently aware that political neutrality was more strictly required than any other position, such as prohibition of joining a political party as a teacher of a private school, and that the act of directly paying support money to a specific political party was legitimate. In this sense, the defendant should have tried to hear only the explanation of the person concerned with the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Party

In addition, according to the evidence of the defendant's submission, it appears that the "political fund donation" item in the "political fund donation" item in the "political fund donation" item in the "political fund donation to a political party (including supporters' association and first-aid association)" may be deducted from 100,000 won. It appears that the above contents may lead the defendant to mistake that direct support to a political party may be permitted. However, the defendant appears to have started support for the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○'s own decision without relation to the above content of the year-end settlement guidance. ② If the defendant started support pursuant to the above contents of the year-end settlement guidance, it is distinguishable from the above contents of the notice, and therefore, it appears that it should have been confirmed as to whether the person is ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ political fund.

As alleged by the Defendant, the National Election Commission replied on June 3, 2002 through the inquiry and reply of the National Election Commission that “any person who is not a member of a supporters’ association may contribute money and goods to a supporters’ association.” On August 24, 2005, there is no provision on restrictions on the Political Funds Act regarding whether a person who is not a member of a supporters’ association can contribute a donation. However, whether a person who is not a member of a supporters’ association, such as a public official or teacher, paid a donation violates the prohibition on a public official’s political activity or not is in violation of the regulations on the interpretation of the State Public Officials Act or the Local Public Officials Act, etc. However, the Defendant appears to have started supporting the ○○○○○○○○○○ Party regardless of the above interpretation of the National Election Commission’s right, and (2) the donation of a donation to which the answer is applicable is limited to only the donation to a supporters’ association by a person who is not a member of a supporters’ association, and there is no justifiable reason to recognize that the Defendant’s direct contribution to a political party.

Therefore, the circumstances alleged by the defendant alone cannot be deemed as having made a serious effort to avoid this, and as a result, it is difficult to deem that there is a justifiable reason for it, since the defendant did not recognize the illegality of his act.

C. As to the assertion that the violation of the Political Funds Act is subject to the decision to dismiss the prosecution under Article 328(1)4 of the Criminal Procedure Act

In other words, where a person who is ineligible to become a member of a political party under the proviso of Article 22(1) of the Political Parties Act is admitted as a party member under the Political Parties Act, and a person who is a public official or teacher of a private school under Article 2 of the State Public Officials Act is admitted as a party member under the Political Parties Act, the act of joining a party member constitutes a violation of the Political Parties Act regarding the act of joining a party member, and as such, the act of joining a party member with actual appearance (unlegal effect) such as joining a party member because he/she is disqualified as a party member, and the act of paying money under the pretext of the party member fee constitutes a violation of the Political Parties Act ("party membership fee" under the legislative intent of the Political Parties Act). In this case, it is compatible with the violation of the Political Parties Act and the Political Funds Act.

The Defendant, “A teacher of a private school as provided in Article 2 of the State Public Officials Act, who is disqualified for a party member as provided in the proviso of Article 22(1) of the Political Parties Act, and if a person who is disqualified for a party member pays the money under the name of a party member after joining a political party, such an act may constitute a violation of the Political Funds Act, separate from a violation of the Political Parties Act. As such, the crime of violating the Political Funds Act may be established regarding such act. As such, the Defendant’s “an act of paying a party member fee by joining ○○○○○○○○ Party” does not constitute a method of contributing political funds as provided in the Political Funds Act.

[Defense Counsel asserted that a person disqualified for a driver's license under the age cannot be punished for driving without a driver's license (Supreme Court Decision 80Do2646 Decided June 8, 1982). However, the purport of the above precedents is that where a person below the age applies for a driver's license examination under another person's name, it is merely a ground for invalidation under the Administrative Act, but it is merely a ground for revocation, and it does not constitute a driving without a driver's license until the revocation in accordance with the administrative act's fairness. Since there is no administrative disposition confirming the status of a party member in the case of the defendants' party membership, there is no possibility of acquiring a party member's status since there is no possibility of acquiring a party member's status from the beginning, and therefore, it is not a mere comparison with the above precedents.]

D. As to the assertion that “No penal provision shall be imposed on a person who paid a support payment to an illegal supporters’ association or a similar organization of supporters’ association.”

Article 45 (2) 1 of the Political Funds Act provides that anyone who is not the designation authority of a supporters' association, but establishes and operates a supporters' association or a similar organization for the purpose of contributing political funds shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won.

○○○○○ Party established and operated a supporters’ association or a similar organization, and the Defendants can be deemed to have paid money to such similar organization, solely based on the fact that the Defendant joined the ○○○ Party as a party member or a member of the supporters’ association, it is difficult to deem that ○○ Party established and operated a supporters’ association or a similar organization. There are no materials to recognize the entity (title, organization, representative, etc.) as a supporters’ association or a similar organization.

In addition, unlike the defendant's defense counsel's premise, there is no reason to view that Article 45 (1) of the Political Funds Act is limited only to the receipt of a voice political fund, and that Article 45 (1) of the same Act is applied to the receipt of a political fund by a method not prescribed in the same Act.

4. Conclusion

For the same reason, the defendant and his defense counsel's arguments concerning this part of the facts charged are not accepted.

The Defendant contributed illegal political funds by transferring money to ○○○○○○○○ Party on a regular basis as a support fund, etc. The crime is not likely to undermine the purpose of legislation of the Political Funds Act with the aim of contributing to the sound development of democratic politics by guaranteeing the appropriate provision of political funds, securing transparency, and preventing any malpractice related to political funds.

However, the defendant's regular payments are small amount of 10,00 won per month, and the sum of the contributions by the defendant is not large. The contributions by the defendant were terminated before a considerable period from the date of the prosecution of this case, the defendant's act of making the above contributions seems to have some aspects of trusting the defendant's explanation on the part of the ○○○○○○○○○○○ party, which did not properly notify the defendant that the direct support to the political party is prohibited under the relevant laws and regulations. It is too harsh in light of the above circumstances to lose the defendant's teacher status by imposing a fine of at least one million won for the crime of this case, and all other matters stipulated in Article 51 of the Criminal Act were considered.

Ⅰ Summary of the facts charged

A teacher of a national public or public school who is a national public official shall not be a member of a political party, nor be a political party or other political organization, and a teacher of a private school shall not be a member of a political party.

○○○○ Party is a party under a political party law registered on January 30, 200 and made the formation of the political party on May 24, 200.

○○○○○○○ Party has a “party member” and “party member” system as “party member,” and “party member” is entitled to become a political party member pursuant to statutes, and the person participating in the party’s activities consents to the ideology and policy of ○○○○○ Party, and the person participating in the party’s activities is entitled to join the party’s activities, and the person participating in the party’s activities is entitled to participate in the party’s activities. “Party member” has the right to participate in the election, election, and all activities related to the party’s decision-making, and bears the duty to pay party membership fees, to comply with the party’s decision-making and order. The rights and obligations of “party member” are the same as “party member,” and the person who wishes to join “○○○○ Party member” as “party member” in the form of submitting the application for joining the party’s application through a local committee, etc. on his domicile, etc.

On the other hand, the ○○○○○○○ Party newly established and operated the “Ex Post Facto Party Members” system from July 23, 2006, which was after the abolition of the “political Party Supporters’s Association” system on March 13, 2006, “after paying party membership fees and not exercising the right to vote and to be elected.”

After being appointed as a teacher of a private school on March 1, 1994, the Defendant was temporarily dismissed from office from March 1, 2010, while he/she was employed as a teacher of a private school at the 25th high school.

On or before November 12, 2004, the Defendant applied for the “voluntary party membership fee payment” from ○○○○○○○○○ Party by joining party members (including party members) and by means of CMS transfer, and was registered on the roster of party members (excluding party members omitted), and was admitted as party members until September 25, 2008.

Ⅱ Summary of the defendant (defense counsel) and prosecutor's assertion

1. The defendant and his defense counsel;

○ Violation of the Political Parties Act constitutes an immediate crime upon completion of membership of a party member. This part of the indictment against the Defendant was filed on July 21, 201 after the lapse of three years under the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007).

○ Continuous crime requires the continuity of an act as well as the occurrence of an unlawful state. As such, the continuation of an act and the continuation of an illegal state coincides with the continuation of an act. An immediate crime is completed at the same time with the occurrence of a constituent consequence. As to the nature of an act related to joining an organization, the Supreme Court consistently held that “an immediate crime upon which an act is completed by forming or joining the organization.”

○ An act constituting a violation of the Political Parties Act, namely, an act of becoming a member of a political party, i.e., an act of joining a party member and an act of violating the State Public Officials Act, is a “act of joining a political party” as it is in the text of the law. When an act of joining has been terminated,

2. A prosecutor;

The continuing crime is a crime in which the state of illegality is maintained even after the infringement of legal interest has been completed, and the intention on the state of illegality is maintained and continued, and in case law, the constituent act of the crime continues to continue at the time or the state of the provisional illegal act continues. For the following reasons, the violation of the Political Parties Act stated in the above facts charged is not an immediate crime but a continuous crime.

A. Violation of the Political Parties Act

○ Political Parties Act punishs “a person who becomes a party member” and does not write an expression “a person who has joined” unlike other crimes that constitute a crime of joining a political party under judicial precedents. As such, the Political Parties Act explicitly intends to punish a person who is ineligible as a party member, and thus, continues to continue to exist at a time in accordance with the elements of a law, since it is apparent in the language of the law.

The current state of violation of the Political Parties Act, in violation of the Political Parties Act, in which the status of becoming a member, continues, and the act of becoming a member includes a wide range of political activities such as the payment of party membership fees and participation in decision-making.

The core of the illegality of the act of joining a foreign organization, violence organization, etc. is directly related to the illegality of the organization. However, since the violation of the Political Parties Act continues to exist in a state of violation of the prohibition obligation, the period in which the person who became a member of the political party maintains his status as the core of illegality is the "identification" of the person who became a member of the political party. Therefore, the elements of the act

B. Substantial problems if viewed as an immediate crime

Unlike the crime of joining other organizations, there is no provision for punishment for activities after joining, and there is a problem of gap in punishment as follows.

If it is discovered that three years have passed after joining a party member, it is difficult to punish him or her, and if he or she continues to engage in activities as a party executive officer or exercise voting rights after he or she has been punished once as a violation of the Political Parties Act, he or she shall not be punished.

After joining a political party, a person who has become a teacher or a public official while maintaining his status as a party member cannot be punished as it is impossible to present his membership itself.

III. Judgment

1. Provisions pertaining to the Political Parties Act;

Attached Form 1 see the relevant legal provisions.

2. Review:

In full view of the following facts, it is reasonable to view that the violation of the Political Parties Act by joining a party member constitutes an immediate crime, and the statute of limitations is calculated from the time of entry on the roster of party members at the time of completion of joining

The crime of joining an organization is completed when the procedure of joining is completed, but if it is completed when the other party is aware of, or can be deemed to have approved, the declaration of intention in the case of verbal joining the organization, and if the other party can be deemed to have approved or approved it in writing, the elements of the crime of joining are terminated, and the requirement of the crime of joining are not required to continue to exist in time, such as the crime of arrest, confinement, and confinement, etc. In addition, unless the organization withdraws from the organization, it may be doubtful whether the illegal state of a member of the organization itself does not continue as long as the act of joining the organization does not continue itself, but the result of the constituent consequence continues after the completion of the act of joining the organization is not different from the acquisition of another person's property in larceny or embezzlement, and thus, it is distinguishable from the continuation of the illegal state in the crime of continuing joining the organization (see Supreme Court Decision 429357 delivered on April 5, 1960).

In the case of violation of the State Public Officials Act, the term “party membership” in the text of the Act clearly states that the elements of a party are “a person who becomes a party member”. On the other hand, in the case of violation of the Political Parties Act, there exist differences in the expression of “party membership”, but in the nature of a political party that has the nature of an association, a party member becomes a party member to join a political party. In addition, Article 23 of the Political Parties Act also provides for the application for entry into a party, deliberation of an examination agency, decision of whether to grant permission, procedure for registration of a party membership, and confirmation provision that the term “party membership” takes effect when the party membership on a roster of party members and is not recognized as a party member. Thus, in the case of a violation of the Political Parties Act, the act of becoming a party member, i.e., the act of becoming a party member to become a party member, and the crime of violating the State Public Officials Act and the act of joining another organization and its nature.

According to the legal principles on the provision of the Political Parties Act and the crime of joining a political party as seen earlier, the act of joining a political party as a party member is terminated by being registered on the roster of party members, and any additional act is not required to continue after being registered on the roster of party members, and thus, it

○ The Political Parties Act has a penal provision that prohibits a person from committing other crimes, and there is a little difference in the form of a provision in the case of a violation of the prohibition. In the case of other crimes, “organization itself” is illegal, but the violation of the Political Parties Act is punished as a teacher or a public official, and thus there is a little difference in the nature of a crime. However, according to the difference in the form or nature of such provision, the point at which the “convening” itself does not change from other crimes.

Although the illegality of ○○○ Teachers and Public Officials’ membership in a political party continues to continue until they withdraw from the political party even after the termination of their membership, the act of becoming a party member in violation of the duty of prohibition of joining the political party and the act of becoming a party member after the completion of the duty of prohibition of joining the political party shall be strictly divided and examined. If the statute of limitations does not run even if the act itself did not run any political party after only joining the party member, it would also result in unreasonable results.

○ Although there is concern that there may be a gap in punishment due to the completion of the statute of limitations in cases of immediately viewing a violation of the Political Parties Act as a crime, the act of paying party membership fees after joining a party member can be punished as a violation of the Political Funds Act (in the case of a large political party, the act of voting as a party member or the party member should pay party membership fees in order to leave the election as a party member, and thus, the violation of the Political Funds Act shall be governed by the Political Funds Act), and in the case of other political acts for a party to which he/she is a party, it may be punished by a disciplinary action, etc., and if there is a gap in punishment due to such regulations, the legislative solution shall be

In the case of Article 4 of the Punishment of Violences, etc. Act, the Supreme Court Decision 93Do99 Decided June 8, 1993 ruled that Article 4 (20) of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 1990) is an immediate crime. After revising Article 4 (1) through the amendment of December 10, 1993 to "organization and activities of an organization, etc.," the head of Article 4 (2) was newly enacted a penal provision for various activities after joining the organization, etc., and revised on March 24, 2006, Article 4 (1) stated that "a person who forms an organization or group for the purpose of committing a crime prescribed in this Act, or who joins such an organization or group or group, or who joins such an organization or group as a member thereof, shall be punished by the following".

IV. Conclusion

Therefore, this part of the indictment against the defendant is obvious in the record that the prosecution against the defendant was filed on July 21, 201 after the expiration of the statute of limitations from the time of joining the indictment as stated in the facts charged. Thus, this part of the indictment against the defendant constitutes the completion of the statute of limitations, and thus, the indictment is acquitted in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act.

[Attachment]

Judges Jeong Jae-soo (Presiding Judge)

(1) Anyone (referring to a person who commits the relevant act of violation as a member of a political party, a supporters' association, a corporation or any other organization; hereinafter the same shall apply) who contributes or receives political funds by means not prescribed in this Act shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 10 million won: Provided, That the same shall not apply to cases where anyone who contributes or receives political funds is a relative provided for in the provisions of Article 77 of the Civil Act.

2) On June 2006, 006, ○○○○○○○○ Party asked a reply to the Dogwon as follows: “If a party member who pays party membership fees among the party members and manages the party members who do not exercise political rights, such as voting rights and eligibility for election, separately under the name of the Dogwon, it would be possible to judge whether this is unlawful under the Political Parties Act. Whether a party member would be a Dogwon or a general member would be a Dogwon according to his own free will.” On the other hand, in the manual for the 2006 party executive staff of ○○○○○○○○○ Party, it stated that “the party member is a party member who has a right of party members, and the Dogwon is a party member, but the Dogwon is a party member, who will be a Dogwon, rather than actively engaging in the party activities.”

3) In the party constitution, the party constitution deleteds the provision of the party competition, and retains the provision of the party competition in the party regulations, but prior to the amendment, Article 11(1) and (4) stipulating that “The rights and obligations of the party parties are same as those of party members” was deleted.

Note 4) The full-time manual of 2005 of ○○○○○○ Party (hereinafter “2005 manual”) and the watchkeeping of 2006 (hereinafter “206 manual”) refer to the manual, etc.

Note 5) The Political Parties Act and the ○○○○○ Party’s regulations appear to have no party members qualification examination organization as a party member under the Political Parties Act and the ○○ Party’s regulations.

6) In the case of a return by the central party, there are cases where there is any disagreement between the party member who has left the party and has left the party (in the case of a return decision through the steering committee of the local committee, the central party shall approve the return decision), and in the case of a disagreement between the job and the party membership fee agreement, there is no contact number

7) On the contrary, Nonindicted Party 2 stated to the effect that “Supporters and Support Party Members need approval procedures in the Central Party Program” during the examination process of the instant case 2010 Gohap497.

8) On the other hand, ○○○○ Party has received a transfer of money, the nature of which is entirely different from the land price, through the same cMS transfer method, and even in this case, it appears that the number of payer was given, but the system of granting the number is different (4 to 5). The manual of 2005 stated that the “original management program” and “institutional self-management program” are not linked to each other.

9) In the composition items of this file, there are details of entry in the passbook other than the amount requested for withdrawal, resident registration number of the titleholder of the passbook, and the payer number, etc. (the details of withdrawal indicated in the passbook). Accordingly, the contents of entry in the passbook entered by the user institution (○○○○○○○○) are entered in the payer’s passbook (in this case, the Defendants’ passbook).

10) A commercial bank that opens an account with which a payer’s money is withdrawn is a structure that forms a bank that directly deposits the same amount as the actual contribution to the cms mother account (in the case of this case, a national bank) and the settlement process between the parent account issuing bank and the bank that opens the payer’s account is made by the difference settlement system established in the Bank of Korea.

Note 11) Although it has been treated anonymously as “******”, it may be specified in the 16th EMs, which have joined the Democratic Labor Group, as well as in the 16th EMs.

Note 12) Although the defense counsel asserted only in relation to the violation of the State Public Officials Act, it is also problematic as to the violation of the Political Funds Act.

13) The ○○○○○ Party sent that, in the case of teachers and public officials, even if the principal applied as a supporters’ association member, he/she would be biased to and manage it as a “party letter.”

Note 14) Defendants 4, 6, 23, 30, 52

15) After the abolition of a supporters’ association ( March 13, 006), the assertion that “after the abolition of the supporters’ association, the supporters’ association was aware that the supporters’ association exists and was willing to pay support payments to the supporters’ association may also be evaluated as a assertion on mistake of fact. However, the Defendant does not seem to have asserted this purport

16) According to the summary of the Supplementary Statement submitted by the defense counsel on January 18, 2012, it is presented on the basis of the active public relations of ○○○○○○○○○○○○○○○○○○○○○, Nonindicted Party 1, who was affiliated with ○○○○○○○○○○○○○○○○○○○○, the National Election Commission’s official confirmation as to whether a person is eligible to become a member, and the details of the guidance on the year-end settlement

17) The Supreme Court has consistently held that the nature of the crime of joining the North Korean Labor Party in the above ruling on the case of joining the North Korean Shipbuilding Labor Party was an immediate crime (see, e.g., Supreme Court Decisions 91Do3, Mar. 12, 1991; 93Do99, Jun. 8, 1993).

According to the prosecutor's above assertion, if an organization joining a political party is an illegal organization and its illegality is larger than that of the illegal organization, the statute of limitations is run immediately, and if the organization joining a political party differs depending on the person's identity, its illegality is relatively minor, but the statute of limitations may not run immediately. In addition, the prosecutor asserts that it should be considered in determining whether the protected legal interests of the Political Parties Act, the State Public Officials Act, etc. are continuously committed, but it is not necessary to regard only the violation of the Political Parties Act, etc. as continuing crime, etc. by specifically giving priority to the protected legal interests of other criminal organizations, compared to the protected legal interests of other criminal organizations.

19) If a person who is not qualified as a party member (including all teachers of private schools and local public officials) joins as a party member and pays the amount of party membership fees to a political party in the form of a party member fee, the fact that Article 45(1) of the Political Funds Act is violated

20) Any person who forms an organization or group with the intent to commit a crime as provided in Article 4 (Organization of Organizations, etc.) of the Punishment of Violences, etc. Act (wholly amended by Act No. 3279, Dec. 18, 1980) shall be punished by death or imprisonment for life or for not less than 10 years:

(4) Any person who forms an organization or group with the intent to commit an offense provided for in this Act or joins such an organization or group shall be punished by the following:

22) The statute of limitations under the current Criminal Procedure Act is five years, but the Addenda of the Criminal Procedure Act to the Criminal Procedure Act (No. 8730, Dec. 21, 2007) is three years, since the statute of limitations for a crime before December 21, 2007, the enforcement date of the Act, pursuant to Article 3 of the Act, was three years, and the statute of limitations for a crime before December 21, 2007 was already completed at the time of the prosecution of this case.