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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
140,000,000 won shall be additionally collected from the defendant.
Reasons
1. Scope of the judgment of this court;
A. The summary of the facts charged in the instant case was received from the Co-Defendant B of the lower judgment as follows: (a) KRW 20 million in cash around the end of April 2010; (b) KRW 30 million in cash around May 1, 2010; and (c) KRW 140 million in cash around May 19, 2010; (b) KRW 10 million in cash around June 1, 2010; and (c) KRW 10 million in cash around June 1, 2010; and (b) contributed KRW 210 million in total from B in a way that is not prescribed in the Political Funds Act; and (c) donated political funds of KRW 210 million in a way that is not prescribed in the Political Funds Act; and (d) the Defendant committed a violation of each Political Fund Act by any other means than election expenses disbursement, other than election expenses disbursement, and any false political fund accounting report, etc.
B. The lower court found the Defendant guilty of all the facts charged in the instant case and sentenced the Defendant to imprisonment with prison labor for a year and additional collection of KRW 210 million, and to imprisonment with prison labor for a period of six months, one year of suspension of execution and a fine of KRW 3 million.
C. The Defendant, B, and the Prosecutor (the Defendant) appealed on the judgment before remanding the case.
As a reason for appeal, the Defendant did not receive money from B, and (B) even if the Defendant received the above KRW 210 million from B, this is merely the expenses related to the election of N, the husband of the B, not for the Defendant’s political activities, and in particular, the amount of KRW 70 million out of the amount of KRW 140 million that B gave to the Defendant on May 19, 2010 is delivered to AH, which is the chairman of the AI local constituency, I, and thus, the Defendant did not receive political funds, and the assertion of unjust sentencing and the assertion of unjust sentencing, as it is the pretext of delivering the amount of KRW 140 million,000,000,000,000,000,0000,000,000,00
In addition, the appeal of the defendant, B and prosecutor was all dismissed. D.
The defendant and B appealed against the judgment of the court of first instance before the Supreme Court's remand.