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The judgment below
All convictions shall be reversed.
Defendant
A. The imprisonment of eight months, and the imprisonment of six months, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (A) paid KRW 10 million in cash upon Defendant B’s request on December 6, 2012 with the check returned on December 6, 2012. On December 24, 2012, Defendant B deposited KRW 10 million in the support payment account of Defendant B and B, with the cash of KRW 10 million, and the statement that Defendant B deposited KRW 9 million in the support payment account of Defendant B and L, with the check of KRW 9 million changed into KRW 9,000,000,000, which Defendant A had the check of KRW 9,000,000,000, and the statement that deposited the check was made. Since Defendant B requested to exchange for cash again, the cash did not comply with the common sense and thus, there is considerable room for deliberation, and Defendant A cannot believe that there was motive to make a false statement, and Defendant B did not receive the check of KRW 10 million in cash.
B) From the investigation stage, Defendant A requested that Defendant B be provided support payments to Defendant B from the investigation stage, and consistently stated that he was aware of and paid support payments to Defendant A, etc., in light of the motive that Defendant A paid KRW 10 million to Defendant B, the deposit process of KRW 10 million, including the deposit of KRW 10 million paid by Defendant A into the L’s support fund account and used in paying the L’s provisional collection obligations, and the place of use, even if Defendant B was exchanged on December 6, 2012 in cash, it cannot be deemed as political funds. 2) The lower court’s punishment against Defendant B (one six months of imprisonment and two years of suspended execution) is too unreasonable.
B. The prosecutor’s misunderstanding of facts is merely a cash of KRW 10 million, which he/she paid to Defendant B on December 24, 2012, which he/she first deposited into L support account, at the request of Defendant B, and is not a separate contribution.