logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.06.13 2019도4044
정치자금법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds indicated in its reasoning, the lower court found the Defendant guilty of the violation of the Political Funds Act due to the illegal reception of political funds in the holding that he/she leased election funds of KRW 248 million from B without compensation by means not stipulated in the Political Funds Act, and found the Defendant guilty of the violation of the Political Funds Act due to the violation of the Political Funds Act due to the violation of the Restriction on Contribution Act or the purchase by electors, and the statute of limitations for the violation of the Public Official Election Act with more severe punishment has expired.

Even if the above political fund can be punished as a violation of the Political Funds Act.

Of the grounds of appeal, the argument disputing the fact-finding that led to the lower court’s determination is merely an error of free judgment on the evidence selection and probative value of the lower court, which is a fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the concept of free lending, the character of political funds, the number of crimes in violation of the Public Official Election Act and the Political Funds Act, the statute of limitations, etc., or by exceeding the bounds of the principle of free evaluation of evidence against logical

The Supreme Court precedents cited in the grounds of final appeal are different from this case, and thus are inappropriate to be invoked in this case.

2. The lower court, on the grounds indicated in its reasoning, determined that the Defendant’s accusation constituted a false fact for the purpose of criminal punishment B.

The ground of appeal disputing the fact-finding that led to the judgment of the court below is alleged.

arrow