The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The lower court acquitted the Defendant of this part of the facts charged on the ground that it is difficult to view that the said money was known to the Defendant at the time when the Defendant received transfer of KRW 800,00 from Co-Defendant A (hereinafter “A”) of the first instance trial.

However, even though it was not known at the time of receiving money or valuables, it is not different from receiving money or valuables from the beginning with the knowledge that it was money or valuables related to election campaign and receiving money or valuables finally acquired money or valuables, even though he was aware of the same situation immediately after receiving money or valuables. Thus, the Defendant got transferred KRW 80,000,000 from A to confirm the details of the former part of the attached sheet (hereinafter “former part of this case”) and distributed it.

In light of this point, the defendant is considered to have received money and valuables related to the election campaign from A.

The sentence imposed by the court below on the defendant (the fine of three million won, the conversion, the custody of a fine, the provisional payment order, and the confiscation) is too uneasible and unfair.

Judgment

With respect to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant received KRW 80,00,000 from A to a deposit account in the name of his spouse, in return for the distribution of Chapter 20,000 of the former part of this case that slanders the current member of the National Assembly who was going to the 20th National Assembly National Assembly candidate from A around April 5, 2016.

Accordingly, the Defendant received money and valuables in relation to the election campaign.

In order to punish the “act of receiving money, valuables, or other benefits in connection with election campaign” as provided in Article 230(1)7 of the Public Official Election Act, the lower court should have the intention to provide money, valuables, or other benefits to the provider with the intention related to election campaign, and the prosecutor.