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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) The court below's finding ex officio the facts charged that "the defendant paid a party membership fee as a party member" was erroneous in the misapprehension of the legal principle as to the amendment of indictment, since it exceeded the extent that the court can judge without any changes in indictment.
(B) According to the facts charged in the instant case, the Defendant committed a violation of the State Public Officials Act due to the payment of party membership fees and a violation of the Political Funds Act in the form of commission. However, even though the Cmar Management Services transfer of party membership fees was made by transmitting a file to the Financial Settlement Service without the involvement of the Defendant, it is unlawful for the lower court to have convicted the Defendant of the criminal facts in the form of omission without any changes in the indictment.
(C) As long as the lower court’s decision that found the Defendant guilty of the transfer of money under the pretext of support payments is unlawful without changing the indictment, it is necessary to examine whether the Defendant was guilty of the transfer of money under the pretext of the party membership fees. The facts charged that the Defendant paid the party membership fees as a party member of the AF party constitute a crime not constituting a crime or a case where
(2) Since Article 45(1) of the Political Funds Act intends to punish an act of receiving personal and voice political funds in a way that is not stipulated in the Political Funds Act, even though it deviates from the bounds of the method stipulated in the Political Funds Act, the Defendant’s act of supporting small amount, which is open to the public, cannot be subject to the punishment of the said provision.
AF party that has established and operated a supporters' association or other similar organizations, which is not the person entitled to designate a supporters' association, shall be punished pursuant to Article 45 (2) 1 of the Political Funds Act, or become a member of a supporters' association.