Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) although the Defendant delivered E and G at a coffee shop around October 7, 2013, there was no prior request from the parking lot to inquire about the case of E or G; and (b) the statement of E, which is a direct evidence, was reversed several times from the investigative agency to the court, and thus, it is difficult to believe that the credibility of the statement is significantly different. Nevertheless, the lower court erred by misapprehending the facts charged. (b) The lower court erred by misapprehending the facts that found the Defendant guilty of this part of the facts charged. (c) The sentence of imprisonment (two months, suspension of execution, two years, and five million won additional collection charges) of the lower court is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (the part not guilty in the original judgment) that the lower court found the Defendant not guilty of the facts charged as follows is erroneous as follows. (A) According to the Defendant’s statement of KRW 1 million in cash around July 8, 2013 through E around July 8, 2013, it can be recognized that the Defendant received KRW 1 million in cash from E in the name of a leave fee. It cannot be rejected the credibility of the statement solely on the ground that E made a statement consistent with this part of the facts charged and made a statement that the Defendant did not have any money paid as a leave fee for the purpose of this part except for 2013 years.

B) On December 7, 2013, Food Service KRW 1,451,00,00, when the defendant was not a member of the Presidential Assembly, he attended the meeting of the Presidential Assembly and paid KRW 1,451,00 on behalf of the defendant who tried to calculate the food ceremony on behalf of the defendant, considering that the defendant was elected as the chairperson of the said Presidential Council on the same day, it is reasonable to deem that he paid the money and valuables on behalf of the defendant who tried to calculate the ceremony as a commemoration for the election of the chairperson. Thus, the defendant may be deemed to have received the money and valuables directly, and the statement at the E prosecutor's office and the court below and the court below's court's decision, the details of cash withdrawal.