The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

1. Summary of grounds for appeal;

A. The prosecutor (unfair sentencing) sentenced by the court below to the Defendants (the defendants: the suspended sentence of 2 million won per fine) is too unfortunate and unfair.

B. The Defendants (misunderstanding of facts) used the corporate card of the National Public Officials’ Union (hereinafter “National Public Officials’ Union”) D headquarters for the settlement of election campaign expenses for executive officers E, majored in the Plaintiff’s corporate card. However, there was no intent to commit occupational breach of trust or to obtain illegal gains since the Defendants planned to receive the election expenses from the headquarters of the above E headquarters to pay the said corporate card.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The Defendants and their defense counsel presented the same assertion as the grounds for appeal at the lower court, and the lower court rejected the Defendants’ and their defense counsel’s assertion in detail under the title “Determination on the Defendants’ and their defense counsel’s assertion”.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below in light of the above circumstances, the court below's decision to dismiss the defendants and their defense counsel's assertion is just and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts, as stated in the judgment of the court below, since the defendants violated their duties and caused damage equivalent to KRW 4,391,100 to the headquarters of the injured party D.

subsection (b) of this section.

Therefore, the Defendants’ assertion of factual mistake is without merit.

1) Article 55(7) of the Regulations on the National Public Officials’ Union provides that “Where a member who runs as a candidate for the election of an elected executive officer is an elected executive officer, it shall be from the date of registration of candidate to the date of termination of voting (where a run-off vote is held, from the date of voting).