The sentence of sentence against the defendant shall be suspended.

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles that the Defendant provided meals to members G and J, who are non-standing directors of Gwangju Agricultural Co., Ltd., but this constitutes a formal act and is not a settlement of meal costs for the purpose of election as the Gwangju Agricultural Standing Director, there is an error of misconception of facts or misunderstanding of legal principles, which affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles regarding this part of the facts charged by the lower court which convicted the Defendant.

B. In full view of the statements, etc. in the prosecutor J, L and M investigation agency, the lower court acquitted the Defendant on this part of the facts charged on the ground that it is not possible to believe each of the above statements, etc. even if the facts charged that the Defendant provided cash to J are sufficiently recognized. In so doing, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. Article 50 (1) 1 (a) of the Agricultural Cooperatives Act, which applies to the judgment of mistake of facts and misapprehension of legal principles as to the defendant's assertion, limits "any person provides money, goods, entertainment or other property benefits to members, etc. for the purpose of getting him/herself or any specific person elected as an executive officer or representative of a local agricultural cooperative or preventing him/her from being elected." The purport of this is to prohibit an act undermining the fairness of election by purchasing money, goods, entertainment or other property by purchasing money, etc. in relation to an election of an executive officer or representative of an agricultural cooperative (see Supreme Court Decision 2008Do5965, Sept. 11, 2008). Therefore, the purpose of this provision is to purchase the elector's voting right, i.e., offering a benefit in return for his/her voting, and it is not limited to recommending a candidate or supporting a candidate.