A. Defendants A) and A guilty of this part of the facts charged, although Defendant 1 meta with Defendant on January 31, 2012 and February 23, 2012, 2012, but did not receive money from Defendant A, the lower court convicted Defendant A of this part of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B) The misapprehension of legal principles (as to receiving KRW 10 million from N, etc. on February 23, 2012) merely received KRW 10 million from N, etc. on February 23, 2012. However, in order for a political party to establish a crime of violating the Public Official Election Act due to the receipt of money and valuables related to Gongcheon-do, the political party shall receive money and valuables, etc. in relation to the recommendation of a specific person as a candidate. The term "in relation to the recommendation of a candidate" in this context means that the provision of money and valuables falls under the price or case of recommendation of a candidate, and even if not, it means that the offer of such money and valuables may affect any form in the recommendation of a candidate. This legal principle also applies to the crime of violating the Political Funds Act due to the rejection of political funds related to Gongcheon-do, and the court below erred by misapprehending the legal principles on the recommendation of a candidate for proportional representation and thereby did not affect the conclusion of the judgment of the court below.