The judgment below

The guilty portion shall be reversed.

Defendant

A shall be punished by a fine of 3,00,000 won, Defendant B shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

A. Defendant A’s grounds for appeal 1) In relation to the mistake of facts and misapprehension of legal principles as to the violation of the Political Funds Act by May 25, 2010, Defendant A’s Lport union (hereinafter “port union”).

() Although 5.23 million won was paid as retirement allowances, there is no statement of receipt of political funds of KRW 10 million. With respect to the part of the violation of the Political Funds Act from around September 2010 to August 2013, 36 million won received from port unions and unions, the amount of KRW 36 million received from port unions and unions was paid as consolation money or cost of living for the retirement of the chairperson of port unions and does not receive political funds. 2) The sentence of the lower court on unreasonable sentencing (a fine of KRW 10 million, additional collection of KRW 46 million) is too unreasonable.

B. Defendant C’s grounds of appeal 1) In relation to the misapprehension of facts and misapprehension of legal principles as to the violation of the Political Funds Act by May 25, 2010, Defendant B’s 10 million won withdrawn from his own account on May 25, 2010 was paid as retirement allowance of the union members including Defendant A, and if the above KRW 10 million was paid as the political funds against Defendant A, Defendant C did not instruct Defendant C to pay the political funds. In relation to the crime of occupational breach of trust, there was no fact that Defendant C exempted Defendant C from the obligation to Q, with an exemption of KRW 30 million. 2) In relation to the crime of occupational breach of trust, the lower court’s sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is unreasonable.

C. In full view of the facts that Defendant C had been working as the chairperson of the port union from September 2010 to Defendant C of the reasoning of the prosecutor’s appeal, Defendant C of the misapprehension of the legal principle on the part of innocence against Defendant C of the ground of appeal, and Defendant C of the legal principle on the one million won per month, reported to Defendant C and stated that Defendant C obtained approval on the agenda to support A of the case, Defendant C may recognize the fact that the sum of KRW 36 million per month in collusion with Party B was delivered to A as political funds.

Nevertheless, the judgment of the court below was not guilty.