A. Defendant 1) The Defendant explicitly withdraws his assertion of mistake as to the violation of the Public Official Election Act due to the publication of false facts.

The holding of free performances, scholarships, and provision of books by an incorporatedF (hereinafter referred to as the "F") are not carried out by the relevant elector in the election of the 20th National Assembly members of the Republic of Korea with the motive for the election of the accused or with the borrowing of such motive.

In addition, even if the above act constitutes a contribution act, it is merely a formal act conducted in the course of performing duties, and therefore it is not illegal in light of social norms.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there is an error of law by misunderstanding facts or misunderstanding legal principles as to legitimate acts.

2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 1.5 million) is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding (the violation of the Public Official Election Act following the violation of the Election Campaign Period) revealed clearly the Defendant’s intent to leave the 20th National Assembly member election. From the perspective of the elector, it was sufficiently known that the Defendant had the intent to promote the election in the above election.

Nevertheless, the court below found the defendant not guilty of this part of the facts charged, and there is an error of law by mistake of facts.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine (the violation of the Public Official Election Act due to the violation of the prohibition of contribution acts, etc.) 1), the Defendant argued to the same effect as the grounds for appeal in

The lower court, based on the evidence duly admitted and investigated, performs free performance in the name of “F” in light of the following circumstances.