The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Scope of the judgment of this court;

A. The lower court found all of the facts charged in the instant case guilty.

B. The court below found the Defendant guilty of unjust acceptance of political funds (Article 45(1) of the Political Funds Act), among the facts charged in the instant case, and found the Defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, on the grounds of the violation of prohibition of contribution of organization-related funds (Article 31(2) of the Political Funds Act), the evidence presented by the prosecutor alone is insufficient to acknowledge the fact that the Defendant contributed political funds with funds related to organizations, and there is no other evidence to acknowledge this differently, and thus, the Defendant

C. Upon both the Defendant and the prosecutor’s appeal, the Prosecutor’s appeal on the violation of the prohibition against donation of funds relating to organizations that the court prior to the remanding of the case is groundless. However, the Prosecutor’s appeal on the violation of the prohibition against donation of political funds related to organizations which the court prior to the remanding of the case is reversed on the ground that a public prosecution was instituted by applying the legal provision that retroactively loses its validity as a decision of inconsistency with the Constitution, and that a verdict of innocence should be rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, which makes it impossible to maintain as a result

The part rejected by the court of final appeal on the ground that the assertion in the grounds of final appeal is groundless at the same time as the adjudication is rendered, and the defendant or prosecutor cannot contest this part, and the court that has been remanded cannot make a decision contrary thereto (see, e.g., Supreme Court Decision 2006Do920, May 11, 2006). As to the violation of the prohibition against donation of organization-related funds which the court prior to remand found not guilty of reasons, the judgment prior to remand should be followed, and the judgment prior to remand should be determined separately at the trial after remand.