The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that a victim H received approximately KRW 200 to KRW 30 million each time in order to receive support from office expenses during the election campaign period from misunderstanding of facts and misapprehension of legal principles.

However, there was no demand for money in return for promising to be a good position such as executive officers of a public corporation.

The act of deception was not conducted, and there was no intention to obtain fraud.

B. The punishment of the lower court is too heavy.

2. Determination

A. In full view of the following circumstances, it is recognized that the lower court received 30 million won money from the injured party by deception stated in the facts charged by the Defendant, taking into account the grounds for finding guilty, based on the evidence examined by the lower court and the appellate court.

Since it is deemed that there is sufficient awareness that the victim could not be employed in the place of promise, it seems that there is a willful negligence of fraud.

(1) K, L, M, etc. of a witness of the original trial shall be those who participate in an election campaign at the request of a defendant who was in charge of the E partyF in the election of the President in 2012.

K was transferred to the Public Policy Committee, and L was U.S. by the General Federation of Korea Trade Unions.

M was responsible for administrative support as a representative of civic groups.

The above witnesses conducted an election campaign together with the defendant at the defendant's office located in Yeongdeungpo-gu Seoul Metropolitan Government Office 201 for the election campaign period.

After the election campaign is completed, the above witnesses were deemed not to have any special relationship with the defendant, and have been under the influence of the victim in the position or relationship.

It is also difficult to see it.

There is no other reason to gather the defendant with bad faith to make a false statement.

They may believe that they are in trust.

② The above witnesses made the following remarks as to whether they promised to work for the victim in investigative agencies and courts.