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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant (the guilty part of the lower judgment) paid the amount of interest to the bank as interest, and used it as election funds by lending KRW 100 million from C, not as political funds. Nevertheless, the Defendant was given a donation of KRW 100 million from C, and the lower court found the Defendant guilty of this part of the facts charged in violation of misunderstanding of facts or misunderstanding of legal principles. (2) The Defendant was in a close relationship with the owner of the land in AF Dong, such as V, AG, U, etc. (the lower judgment’s acquittal portion) and obtained enormous development gains by providing them with information such as the selection of the site in the field of camping and the expected marketization.
In addition, the Defendant had no need to purchase private land for the construction of a camping ground separately because it is possible to construct a camping ground in the land already owned by B, and it was unreasonable to know that it is impossible to provide national expenses and Do expenses for the construction of a camping ground.
In addition, when purchasing land with a high base price of at least 30% according to the Public Property and Commodity Management Act, the resolution procedure was not followed by the resolution of the City Council.
As above, the Defendant violated the duties of the B market and caused B to purchase unnecessary camping site, thereby causing property damage equivalent to the compensation for the land.
Therefore, even if this part of the facts charged is found guilty, the lower court erred by misapprehending the legal principles or misconception of facts.
B. Defendant 1: The lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred million won of surcharge) is too heavy. 2) Prosecutor: the lower court’s punishment is too minor.
2. Determination
A. The lower court, based on the reasons indicated in its reasoning, erred and misapprehension of the legal doctrine as to the allegation of mistake and misapprehension of the Political Funds Act.