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Defendant
C, D and prosecutor's appeals are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the first instance court to the Defendants (an administrative fine of two million won, etc.) is too unreasonable.
B. Prosecutor 1) erroneous determination of facts (Defendant A and B) (hereinafter “Defendant A”) was established for Defendant A to integrate the call centers of 6 corporations located in L Kimhae-si, Ltd. to entrust the operation thereof, and used KRW 3 million out of the operating expenses as election funds, and Defendant A received the said money from the trade union of AD company each month. Although Defendant A received the money, Defendant A acquitted Defendant A on the violation of the Political Funds Act among the facts charged in the instant case on the ground that it is difficult to readily conclude that Defendant A received the said money due to misconception of the facts, the first instance court acquitted Defendant A of the violation of the Political Funds Act. (2) The sentence (2) sentenced by the first instance court of unfair sentencing (2) (2 years of suspended execution with respect to Defendant B) (2 years of imprisonment with prison labor) is too unreasonable.
2. Determination
A. In a case where the issue is whether to accept money or valuables from the prosecutor's assertion of mistake regarding the prosecutor's assertion of mistake is at issue, the defendant's statement by the person who provided money or valuables is denied, and there is no objective evidence such as financial data to support this, in order to find the defendant guilty on the sole basis of the statement made by the person who provided the money or valuables, the admissibility of evidence is required, and there is a credibility to exclude a reasonable doubt. When determining the credibility of the statement, not only the rationality, objective reasonableness, consistency before and after the statement itself, but also his human beings, and in particular, there is a concern about the charge of a crime committed against him and there is a possibility that the investigation may be initiated, or that the investigation is being conducted, if there is a possibility that the statement may be conducted, and the admissibility of the statement does not reach the extent of denying the admissibility of evidence.