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The prosecutor's appeal is dismissed.
Reasons
1. The statements made by Defendant C are consistent with the main contents of the appeal, and the credibility of the statements made by Defendant B, the accomplice, and the election campaign office, are recognized in support of the statements made by Defendant A, Z and Z, and other objective evidence.
However, the judgment of the court below which denied this and acquitted the defendants as to the facts charged is erroneous in the misunderstanding of facts and legal principles.
2. The summary of the facts charged in the instant case is the Chief Vice-Speaker of U.S., Defendant B without a certain occupation, and Defendant C is an official accountant.
A. Although Defendant B and C shall not contribute political funds in a way that is not prescribed by the Political Fund Act, Defendant B and C were involved in the election district of the 19th National Assembly member National Assembly member that was carried out on April 11, 2012, in order to support the election campaign expenses for members of the National Assembly, and ordered Defendant C to deliver KRW 10 million in cash to A at the office located in Gangnam-gu Seoul Metropolitan X-gu Office on April 9, 2012, and Defendant C provided Defendant C with cash amounting to KRW 10 million in the election campaign expenses for members of the National Assembly (hereinafter “instant election campaign office”) located in the Y building located in the same day to the effect that Defendant C was used for election campaign expenses for members of the National Assembly. The Defendants conspired to contribute political funds in a manner that is not prescribed by the Act.
B. Although Defendant A was not to receive political funds in a way that is not prescribed by the Political Fund Act, the Defendant received political funds by receiving cash KRW 10 million from C to the election campaign expense of a member of the National Assembly, which was instructed by the instant election campaign office, around April 9, 2012, to the effect that it was used in connection with the election campaign expenses of a member of the National Assembly at the instant election campaign office.
3. The recognition of criminal facts in a criminal trial for the relevant legal principles is a judge.