Defendant

A shall be punished by a fine of KRW 800,000.

Therefore, among the non-guilty portion of the lower judgment, the fact that Defendant A violated the Public Official Election Act due to election campaign by using the specific sexual device at the X social welfare center restaurant on March 11, 2016 is separate and finalized as it is. Therefore, this part is excluded from the scope of the judgment of the lower court.

Ⅱ Summary of the grounds for appeal

1. misunderstanding of facts and misapprehension of legal principles

A. Prosecutor 1) On July 15, 2015, the Defendants leased an office of the same size as the stated in the facts charged to establish a CO civil petition counseling center on the grounds of the establishment of a similar institution and prior election campaign by a similar institution (Defendant A, B, C, and D) and held an organizational conference, strategic conference, etc. for the purpose of winning Defendant A in the 20th National Assembly election. The Defendants collected mobile phone numbers to be used for TM (Tele Marton and mobile phone election campaign) in a systematic manner, and organized an Masan group by mobilization of an unspecified number of voters.

In full view of the history of the office rent and the details of the Defendants’ specific activities, it was clearly recognized that the Defendants’ activities were to promote the success in the election of the 20th National Assembly members by establishing and operating the office under the name of “CO civil petition counseling center.”

The judgment of the court below which acquitted the Defendants of this part of the facts charged, even though the Defendants were sufficiently aware of establishing a similar organization and conducting a prior election campaign for Defendant A, as in the facts charged, is about the establishment of a similar organization prohibited under the Public Official Election Act and a prior election campaign