A. The defendants' grounds of appeal 1) misunderstanding of the legal principles as to the amendment of indictment and mistake of facts (1) 1) Inasmuch as the facts charged that "the defendants paid party membership fees as party members," and the facts charged that "the defendants paid support payments," which are found guilty by the court below, are likely to cause disadvantages to the defendants' exercise of their right to defense, it is unlawful for the court below to find facts that are different from those of the facts charged without any amendment of indictment to the indictment,

② Of the facts charged in the instant case, the violation of the State Public Officials Act due to the payment of party membership fees and the violation of the Political Funds Act are constituted by commission; however, the Cms transfer of the party membership fees is unilaterally made by means of transmitting the EB21 file to the Financial Settlement Board without the Defendants’ act, and there is no Defendants’ act. Therefore, it is unlawful for the lower court to recognize the Defendants as omission without any proof of criminal facts without changing the indictment

B. The facts charged as to the violation of the misapprehension of the legal principles as to the decision to dismiss the public prosecution are that the Defendants paid party membership fees as members of the CMF, and since the Defendants’ act of paying the “party membership fees” in the position of party members constitutes “Methods of contributing political funds provided for in the Political Funds Act” and there is no room to establish a violation of the Political Funds Act separate from the violation of the Political Funds Act, this part of the facts charged constitutes “when the facts stated in the indictment do not constitute a crime even if they are true,” and constitutes grounds for dismissing the public prosecution as provided for

C. The non-existence of a penal provision for those who paid support money to similar organizations of supporters' associations is the method of receiving political funds as provided by the same Act.