1. As to the grounds for Defendant A’s appeal, the lower court published an article containing false facts on the “U” Internet homepage around September 21, 2015 and the “U” newspaper around September 22, 2015 in order to prevent Defendant A from winning the 20th National Assembly election. The lower court published an article containing false facts on September 21, 2015, and distributed an article containing the said article.

Accordingly, this Court rejected the Defendant’s allegation of the grounds for appeal.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation against logical and empirical rules, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on the purpose of preventing false publication or winning in the election, etc.

2. As to the grounds for appeal by Defendant B, C, D, F, G, H, and I

A. Political funds prohibited by Article 45(1) of the former Political Funds Act (amended by Act No. 14074, Mar. 3, 2016; hereinafter the same) mean all of the money, etc. provided to a person who engages in political activities for political activities. Here, political activities refer to the exercise of a strike or power surrounding the acquisition and maintenance of power.

In addition, a person who contributes or receives political funds under Article 45 (1) of the former Political Fund Act and a person who receives a contribution is in the necessary accomplice relationship of the so-called large-party criminal.

The relation of accomplices is premised on the premise that the actors commit acts in an opposite direction with each other. If each person's act meets the requirements for the composition of crimes, it is limited to punishment and it does not necessarily have to establish a crime against all the accomplices.

Even if a person who contributes political funds does not establish an offense, he/she has the intention to receive political funds in a way that is not provided for in the Political Funds Act.