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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Of the facts charged against the Defendants, the lower court acquitted Defendant A on the charge of “the violation of the Political Funds Act on March 28, 2012” and “violation of the Public Official Election Act” and acquitted the Defendants on the grounds that the Defendants’ “the violation of the Political Funds Act on May 11, 2012, which was in violation of the Political Funds Act” was not guilty on the part of the Defendants, and acquitted the Defendants on the remainder of the facts charged.
As to this, Defendant A appealed against the guilty portion, and the Prosecutor appealed only to the portion other than the violation of the Public Official Election Act among the acquitted portion, and the part of the judgment below which violated the Public Official Election Act was finalized.
Therefore, the scope of this court's trial is limited to the remaining part except the violation of the Public Official Election Act.
2. Summary of grounds for appeal;
A. As to the violation of the Political Funds Act among the facts constituting a crime in the judgment of the court below, Defendant A (1) erroneous facts or misapprehension of legal principles, the Defendant merely lent KRW 6 million to H at the request of the representative director of H (hereinafter “H”) and not paid KRW 6 million with election expenses. The Defendant did not have an obligation to pay money to the Defendant with the deposit account reported because he did not have an accountant in charge. The court below convicted the Defendant of this part of the facts charged, or erred by misapprehending the relevant legal principles, which affected the conclusion of the judgment.
(2) The sentence imposed by the lower court of unreasonable sentencing (the fine of KRW 800,000) is too unreasonable.
B. In the case of Defendant A’s violation of the Political Funds Act on March 28, 2012, Defendant A’s order to pay KRW 6.5 million to T is Defendant A and Defendant B was not involved in the order. ② In the case of violation of the Political Funds Act on May 11, 2012, the Defendants’ order to pay KRW 10,142,00 related to the storage field photography is the duty to pay for the election expenses.