The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall be imposed on the defendant.

A. In light of the purport of the Constitutional Court Decision 2015HunBa62 Decided November 24, 2016, regarding Defendant 1’s violation of the Agricultural Cooperatives Act due to mistake of facts and misapprehension of legal principles, and election campaign using text messages, the lower court found Defendant 1 guilty of this part of the facts charged, although the law applied by the lower court was unconstitutional, the lower court erred by misapprehending facts and misapprehending of legal principles. (2) The lower court’s sentencing is too unreasonable.

B. In full view of the evidence submitted by the prosecutor 1, the court below found that the defendant provided 5,277,90 won in total to V, W, X, and Y as a member of the association, and found the defendant not guilty of this part of the facts charged. The court below erred by misunderstanding of facts. 2) The judgment of the court below is erroneous in the misapprehension of facts.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

1) The summary of this part of the facts charged (the violation of the Agricultural Cooperatives Act due to the election campaign using text messages) No person may carry out an election campaign by any means other than distributing election campaign bulletins in connection with the election of executive officers. (A) The Defendant, at the Defendant’s home located in 08:35 July 10, 2016, using the Defendant’s mobile phone in Do, carried out an election campaign using the Defendant’s mobile phone with six members, including K including the above C Representatives. The lower end, I want to register the candidates for the auditors to the C head office at 11th time after the church transfer. At the same time, the lower end, I would not be forgotten if you look back with the C head office at 11th hour, and then would not be forgotten. The Defendant carried out an election campaign using mobile phone text messages by transmitting a text message “Ad”.

B. On July 11, 2016, from around 17:26 to 18:56 of the same day, the Defendant used the Defendant’s mobile phone from the area of French L below the south of the same day to 25 representatives, including the above K.