In light of the fact that there was no explicit provision that proxy voting is prohibited even in the case of electronic voting in the misunderstanding of facts and misapprehension of the legal principles, and that there was no explicit provision that proxy voting is prohibited in the party constitution and regulations of the H party, the Defendants did not have the intention of deceptive scheme because there was no awareness that proxy voting is not allowed.

It is difficult to see whether a voting right holder exercised his/her right to vote directly as a competition management of the H party, and it is difficult to see that the Defendants’ act was harmful to the fairness and appropriateness of the competition management of the H party.

H Political Party has been aware of the fact that proxy voting takes place, but the H Political Party Election Commission allows duplicate voting using the same son (IP), and the number of times is not limited, so the person in charge of the H Political Party's act does not fall under the perception, misunderstanding, etc., but falls under self-determination and misunderstanding due to insufficient examination and technical limits. Therefore, the Defendants' act of proxy voting cannot be viewed as a deceptive act or there is no causal relation.

The Defendants had no intention to engage in fraudulent means because they received delegation from those who have urged them to vote and failed to vote on their behalf.

The sentence of the lower court on unreasonable sentencing (Defendant A: imprisonment for three months, a suspended sentence of one year, and a fine of 1.5 million won, Defendant C, and D: each fine of 500,000 won) is too unreasonable.

Judgment

In the crime of interference with business by fraudulent means of the law applicable to the assertion of mistake of facts and misapprehension of legal principles, the term "defensive means" means that an offender misleads the other party, misleads the other party, or uses the land in order to achieve the purpose of the act, and interferes with the establishment of the