The guilty part against the Defendants is reversed.

The Defendants are acquitted. The Defendants are not guilty.

A. Defendants 1) misunderstanding of facts or misunderstanding of legal principles did not intend to offer meals to 5 association members for N (N), which was going out of the election for the president of the I association. In particular, Defendant A merely explained the financial situation of the association objectively in response to a request by the union members for explanation on the increase in liability as a director of the association and a director of the association as an acting for the president of the association. This did not have an intention to make an act of donation on behalf of the N candidates because it constitutes a legitimate performance of duties meeting the status and qualification of Defendant A. 2) The sentence (one million won per fine) sentenced by the court of unfair sentencing against the Defendants is too unreasonable.

B. In order to establish a crime under Articles 59 and 35(2) of the Act on Entrusted Elections by Public Organizations, etc., the lower court determined whether the crime was established under the premise that “in order to establish a crime, a person must make a contribution by clarifying the name of the candidate or make a contribution in a manner presumed to be a contribution by the candidate.” However, the latter part of Article 35(2) of the Act is deemed to relieve the burden of proof on the requirement of “for a candidate” under the main sentence of Article 35(2) of the same Act. Thus, even if it does not fall under the above deemed provision, if it is possible to recognize “the person making a contribution for a candidate,” in light of all the circumstances and evidence relations, the above crime is established. 2) If it is possible to recognize “the person who made a contribution on behalf of the candidate” in light of the overall circumstances and evidence relations (as to the defendant A), Defendant A complained of N's support before and after the dispatch of preferential land set on February 4, 2015.