A. Defendant 1) On August 2015, the Defendant graduated from the Social Education Institute affiliated with E University, majoring in business administration, and obtained a bachelor’s degree in business management of E University.

The Defendant acquired credits recognized by the Minister of Education in accordance with the Act on Recognition of Credits, Etc. (hereinafter “Recognition of Credits Act”), and duly recognized “the course of business management of the E University” in accordance with the certificate of graduation issued by the Minister of Education, which is a final academic background certificate concerning regular academic background recognized by Article 23(1) of the Higher Education Act.

Therefore, even if the Defendant’s academic background “the E University graduate” is published, it cannot be viewed as false facts, and there is a little difference between the Defendant’s certificate of graduation and the E University graduate certificate.

The same shall also apply to the case.

B) The Defendant did not have an intention to publish false academic background, and it is difficult to deem that the Defendant published such false academic background for the purpose of election. 2) The sentence of the lower court on unreasonable sentencing (a fine of KRW 800,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. 1) According to Article 250(1) of the Public Official Election Act, where a candidate (including a person wishing to become a candidate) (the “E University”) among the Defendant’s academic background published in the B-Gu Council’s Council’s Council’s Council’s pocketbook, etc. punishs the act of publishing false facts for the purpose of election, the publication of false facts constitutes the publication of false facts unless it is inserted in the manner provided by Article 64(1)

According to Article 64 (1) of the Public Official Election Act, where an academic achievement is published, it shall not be published except for the regular academic achievement and the academic achievement completed by a foreign country equivalent thereto.

In the end, the Public Official Election Act.