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(영문) 전주지방법원 2013.07.02 2011고단1346 (1)
정치자금법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was appointed as a teacher of a private school on September 23, 1988 and is currently in office as a CD middle school teacher of a private school.

On or before April 17, 2002, the Defendant applied for the “Automatic Payment through the Cmp transfer method” to a X political party and applied for “the automatic payment through the Cmp transfer method” on or around July 26, 2006, the Defendant’s national bank account from the Defendant’s national bank account via the Cmp transfer method to the financial settlement center located in Gangnam-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan Government, stated that the Defendant paid KRW 10,000 from the Defendant’s national bank account to the X-gu political party account established by the Cmp business division located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. However, the evidence submitted by the Prosecutor alone is insufficient to recognize the Defendant’s funds that the Defendant transferred to the X party account as “party membership fee,”

On the other hand, the establishment of the crime of violating the Political Funds Act depends on whether the above money was donated by means not stipulated in the Political Funds Act, and the conclusion does not vary depending on whether the nature of the money is party membership fee, and even if the defendant asserts the above money as a support fund and recognized it as a "support fund" in this case, it is judged that there is no substantial disadvantage to the defendant's exercise of his right to defense. Thus, this part is modified into "support fund" and recognized.

From that time, from September 25, 2008 to September 25, 2008, the sum of KRW 270,000 was transferred to 27 times in the same manner as shown in the list of crimes in the attached Table, and made a contribution of political funds.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the Seoul Central District Court on the witness AS in a copy of the examination protocol of witness examination of the case, including the Seoul Central District Court 2010 Gohap49

1. Each personnel record card, X-party website notice, the details of the deposit transaction of X-party Cmspam account from March 1, 2005 to November 30, 2009, respectively.

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