The Kakao Stockholm message sent by the Defendant to D is merely an abstract discussion about the specific method of union members management, and it is not an expression of intent to offer money or valuables to D.

The judgment of the court below which recognized that the defendant expressed his intention to offer money to D is erroneous in misunderstanding of facts.

The punishment (a fine of three million won) declared by the court below is too unreasonable.

Judgment

The lower court’s judgment on the assertion of mistake of facts is as follows: ① At the time of the instant case, the Defendant was lawfully adopted and investigated: (i) the Defendant received salary at the Preparatory Committee for the Establishment of the EE Redevelopment Project; (ii) the Defendant opened the Kakao Stockholm Group Foundation with nine female members at the office of the said commission; and (iii) the Defendant was able to hold a preliminary officer election; and (iv) the Defendant sent Kakao Stockholm messages to D, stating that “The Defendant provided the above 2nd to 3th to 7th to 10 months in advance of confirmation at the time of electronic voting; and (v) the Defendant provided the above Kao Stockholm messages to the Defendant to the effect that the 2nd to 10th to 2nd to 10th to 1st to 1st to 7th to 2nd to 3th to 3th to 3th to 3th to 4th to 5th to 5th to 10th to 10 to 10th to Ka.