A. As to the Defendant (guilty part of the lower judgment), there is a misapprehension of the legal doctrine or mistake of facts as to the dismissal order of public prosecution, among the facts charged in the instant case, the violation of the Political Funds Act constitutes “when the facts recorded in the indictment do not constitute a crime even if they are true” and thus, the dismissal order should be dismissed pursuant to Article 328(1)4 of the Criminal Procedure Act.

(B) Regarding the misapprehension of the legal principle as to the scope of application of Article 45(1) of the Political Funds Act, with respect to the act of the Defendant’s act of paying support money to the F Party, a F Party, who is not a person authorized to designate a supporters’ association, and established and operated a supporters’ association or other similar organization, may be punished pursuant to Article 45(2)1 of the Political Funds Act, or an administrative fine may be imposed pursuant to Article 51(3)3 of the Political Funds Act against the Defendant who has joined as a member even though he/she cannot be a member of a supporters’ association,

(C) The Defendant, who lacks the awareness of intention and illegality, believed it by legitimate intent, to the effect that the Defendant supported a small amount of monetary support to a political party, and that the act of monetary support to the F Party is lawful even at an institution in the National Election Commission or in office.

(2) The lower court’s sentence of an unreasonable sentencing (a fine of KRW 300,00) is too unreasonable.

B. (1) Since the misapprehension of the legal principles as to acquittal part of the judgment of the court below is deemed to have been committed in violation of the Political Parties Act due to the act of a public official joining a political party, the judgment of the court below which acquitted the prosecution of this part of the crime even before the statute of limitations expires is unlawful.

(2) The lower court’s sentence on the guilty portion is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of legal principles or mistake of facts, this part of the judgment below is also applicable.