A. Defendant A(1) cannot be deemed to have received money or goods “in relation to the recommendation of a specific person as a candidate” from Defendant A(A) or B’s act of receiving KRW 2 million from Defendant A(A) and there is no intention to do so (1) that Defendant received KRW 2 million from B on November 23, 2017 (hereinafter “the instant money”), but it is a loan for the repayment of the payment for printing expenses.

Even if B delivered the instant money to the Defendant without considering the fact that it was returned, it can only be deemed that the case was given to help the Si Council members, such as guidance on the procedures for recommending candidates, preparation of documents, such as an application for recommendation of candidates, provision of information, and registration of preliminary candidates, and it cannot be deemed as a consideration for the recommendation of candidates.

Defendant, merely a Gu Council member, did not have any influence on the recommendation of candidates for the Si Council members of the H party, and did not engage in any act related to the recommendation of candidates in return for receiving the instant funds.

(1) In light of the fact that the interview between B and Q assemblymen on September 18, 2017 is prior to the Defendant’s request for a loan of money, the interview between the Defendant’s meeting and the delivery of the instant money cannot be deemed as having a quid pro quo relationship. Therefore, the instant money cannot be deemed as money and valuables provided or donated “in relation to the recommendation of a specific person as a candidate” as provided by Article 47-2(1) of the Public Official Election Act and Article 32 subparag. 1 of the Political Fund Act.

(2) The crime of violating the Public Official Election Act (Articles 230(6) and 47-2(1) due to the receipt of money and valuables related to candidate recommendations) and the crime of violating the Political Funds Act due to illegal receipt of political funds (Articles 45(2)5 and 32 subparag. 1 of the Political Funds Act) is the receipt of money and valuables political rent in relation to the recommendation of a specific person as a candidate between the provider and the recipient of the money and valuables.