[2] The case holding that the "persons having relations with the electors" under Article 113 (1) of the Public Official Election Act is applicable to a person who, as the chairperson of the policy council for a specific political party member within the area including the relevant constituency, has an office of a specific social organization organized and operated by himself/herself within the above constituency

1. As to whether a person is a electoral citizen or a person who has relations with the electoral resident

Article 113(1) of the Public Official Election Act prohibits an act of donation to a person who is located in the relevant constituency and a person who has relations with the electorate even if the relevant constituency is outside of the relevant constituency. Here, “person who has relations with the elector” includes a person who has a certain social and human relationship with the elector in question and is likely to have any direct or indirect influence on the decision-making of the elector, and the reason why the relation has been made is unclear (see Supreme Court Decision 2006Do7087, Dec. 21, 2006).

In light of the above legal principles and records, the court below determined that the defendant was in a position to directly or indirectly affect the electors in the constituency in which the defendant tried to run local elections on the ground that the defendant was in a position to directly or indirectly affect the electors in the constituency in which the defendant had been in a position to directly or indirectly, and that the defendant was in a position to directly or indirectly affect the electors in the constituency in which he tried to run the local elections, and that the defendant was in a position to the chairman of the Policy Council for Party Members of the Seodaemun-gu Party, the defendant was in a part of the chairman of the Management Council of Party Members of the above party members, the office of the Dongdaemun-gu Future Forum in which the defendant led to its formation and operation is located in the constituency of non-indicted 1, and its principal activities are located in the constituency in the above constituency, and there is no error of law such as misunderstanding of facts or misunderstanding of legal principles due to the violation of the rules of evidence, as alleged.

2. As to other grounds of appeal

Examining the evidence admitted by the court below in light of the records, the judgment of the court below which found the defendant guilty of the crime is just, and there is no violation of the rules of evidence as alleged.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)