Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant alleged a mistake of facts has delivered KRW 500,000,000,000,000,000, to the Korean Senior Citizens Association F, which was received from the victim, to the Korean Senior Citizens Association F, and the judgment of the court below that recognized it

B. The lower court’s sentence (one million won of fine) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the lower court convicted the Defendant of the facts charged in this case on the ground that: (a) consistently stated that the Defendant did not receive KRW 500,000 from the Defendant; and (b) the Defendant made a statement to the village residents around May 10, 2018 that he would pay KRW 500,000 to the Elderly Council; and (c) as alleged by the Defendant, if the Defendant actually delivered KRW 500,000 to F, it would have not been necessary to make such a statement.

Examining the evidence duly adopted and examined by the court below in close comparison with the above circumstances admitted by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the defendant.

Therefore, the defendant's assertion of mistake is not accepted.

B. In full view of the Defendant’s wife’s decision on the assertion of unfair sentencing, the Defendant’s father and wife paid KRW 500,000 to male older persons to recover actual damage, the primary offender, and the Defendant’s service for village as the head of the Dong rather than having good health due to natural awareness, and the Defendant’s age, character and behavior, environment, motive, means and consequence of each of the instant crimes, and the circumstances of sentencing indicated in the record, etc., the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and it is re-written.