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(영문) 대구지방법원 포항지원 2016.04.20 2016고정5
정치자금법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is an operator of F Co., Ltd. (hereinafter referred to as “F”) who is a collaborative company in the port factories of D Council members E Co., Ltd. (hereinafter referred to as “E”), and Defendant B is a person who is the head of F’s general affairs division and assists Defendant A in his work.

1. The Defendants conspired to gather political funds from the E-related workers of the E-related enterprises located in the south-gu at port, including E, and to provide support money to the National Assembly H’s supporters’ association consisting of G as local constituency.

Accordingly, Defendant A instructed Defendant B to distribute and collect “written request for deduction of political support payments” with his mobile phone number (hereinafter “written request for deduction”) to each business entity; Defendant B received 100,000 won per person from a person who signed the written request for mutual aid from the person who signed the written request for mutual aid to provide the said supporters’ association with the money; Defendant B shared the role of collecting the written request for mutual aid from each business entity’s employees so that each business entity’s employees can sign the written request for mutual aid according to Defendant A’s instructions and presenting it to the person who is responsible for the benefits of each business entity to transfer the funds of the person who requested mutual aid to Defendant A’s account.

Meanwhile, according to the Political Fund Act, a person who is not a supporters' association may collect support funds only by exchanging the receipt of political funds with a sponsoring bank. However, the Defendants are deposit accounts in the name of Defendant A in the name of Defendant A, without being delegated by the said sponsor’s association as above, without being delegated by the said sponsor’s request for deduction from the total of 463 employees, including the E affiliate employees and F, of the total number of employees, including the 463 employees and the E affiliate employees, who signed the request for deduction and did not exchange the receipt of political funds.

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