A. Fact-misunderstanding that the Defendant sent KRW 5 million to B and made a contribution to the National Assembly Member K’s supporters’ association under the name of another person is acknowledged, but the above KRW 5 million is Y’s money and is not the money of the Defendant.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. 1) Comprehensively taking account of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, the fact that the Defendant delivered KRW 5 million to B and made the Defendant contribute to K’s supporters’ association in the name of another member of the National Assembly.

① In an investigative agency, B, “The Defendant visited F Saemaul Savings Depository on April 4, 2014 and transferred money in cash of KRW 50 million and KRW 5 million to a member of the National Assembly K supporters’ association account number at the end of the year, by dividing it into the name of a person who wishes to benefit from the settlement of accounts, and by dividing it into the name of a member of the supporters’ association, and by transmitting it to the employee. There is no statement that the Defendant requested the remittance of support money from Y.

“The statements have been consistently made.”

N, M, P, S, Q, andO, an employee of the F Saemaul Bank, shall all receive benefits from the settlement of accounts at the end of this year.

and account number of 50,000 won in cash were transferred in his own name.

“The statement conforms to B’s statement.”

Y At an investigative agency on April 2014, 201, “B made a request for the transfer of five million won to a F Saemaul Cooperative and in the name of another person, and B made a request for the division of five million won to a supporters’ association for National Assembly members.”

“The Defendant, who entered the front counter at that time, asked the remittance by putting five million won in cash on the books of B. The Defendant, who was on the front side, stated that “I will be the front side of the year.”

“The statement was made.”

In addition, the Defendant “at the time” at an investigative agency.