1. The part of the judgment of the court below against the above Defendants (including the part of the acquittal) shall be reversed.

A. Defendants 1) The facts charged that “the defendants paid party membership fees as party members,” and the facts charged that the court below convicted of the defendants, “the defendants paid support payments,” are likely to cause disadvantages to the defendants’ exercise of their rights to defense. Thus, the court below’s finding of facts constituting a crime different from the facts charged without any changes in indictment is unlawful by deviating from the necessity or limitation of the amendment in indictment.

B) As long as the lower court’s decision that found the Defendants guilty of having transferred money under the name of support payments ex officio without changing the indictment was unlawful, it should be examined as to whether the Defendants transferred money under the name of support payments. However, the facts charged that the Defendants paid party membership fees to the Defendants constitute a crime or a crime without proof of facts constituting a crime. (C) 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 as a crime of commission, but the Cms transfer of party membership fees was unilaterally made by transmitting the EB21 file to the Financial Settlement Board without the Defendants’ act, and thus, the lower court’s finding the Defendants as a crime of omission without the amendment to the indictment is unlawful.

2. The facts charged as to the violation of the misapprehension of the legal principles as to the dismissal decision of public prosecution is that the Defendants paid party membership fees as a member of the I political party. The Defendants’ act of paying party membership fees in the position of party members constitutes “Methods of contributing political funds provided for in the Political Funds Act” and thus, there is no room to establish a violation of the Political Funds Act separately from the violation of the Political Funds Act.