The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. Of the instant remarks related to the 1st statement of mistake of facts, the suicide motive cannot be objectively proved, and thus, the time when the name account was discovered in relation to the 1st statement of this case is not subject to judicial determination because it is not merely a detailed matter, and it is not subject to determination of false matters because the term “10,000 won check” is not a concept that damages the social value or evaluation of a specific person. Therefore, it is not subject to determination of false matters because it is nothing more than a detailed matter. The term “the name account” is a specific method for receiving money, not only the Cheongdae-dae P and Q’s account that the Defendant stated in the prosecution by specification but also the specific method for receiving money.

In addition, while emphasizing that the President would receive money if he/she receives money, he/she used the expression "large amount" and does not specifically mention that it remains in a balance.

The core is whether or not there is a receipt of unjust money attributable to the former president, and there is such evidence as to whether or not there is such evidence, and the check that can be the proviso to trace the money is deposited, and the account that can be the proviso to this day may also be used as a borrowed account, and even in a case where there appears to be clear that the borrowed account was used as a borrowed account, the key part is the existence of the borrowed account, and the defendant is the existence of the borrowed account, and the fact that there was a receipt of money and valuables directly or morally responsible to the former president or his family, and if there was a receipt of such money and valuables, it can be viewed as the borrowed account.