All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (misunderstanding the legal doctrine) provided a member with a crub and 100,000 won of consolation money to the head director of an association is “act in the course of performing his/her duties” and constitutes an exception to contributions prohibited by the Agricultural Cooperative Act (hereinafter “Agricultural Cooperative Act”) or the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”), and even if it does not constitute such exception, it does not violate social rules.

Nevertheless, the court below erred by misapprehending the legal principles, which found the defendant guilty, which affected the conclusion of the judgment.

B. The prosecutor (unlawful in sentencing) of the lower court’s sentence (amounting to KRW 900,00) is deemed to be too unhued and unfair.

2. Determination

A. 1) Determination on the Defendant’s assertion of misapprehension of the legal doctrine 1) Article 50-2(6) of the Agricultural Cooperatives Act and Article 35(5) of the Entrusted Election Act provide that the head of the agricultural cooperative under the Agricultural Cooperatives Act cannot make a contribution while in office, and prohibit the Defendant from making a contribution at all times in cooperation with the cooperative, and comprehensively provide for an act of contribution subject to punishment under Article 50-2(1) of the Agricultural Cooperatives Act and Article 32 of the Entrusted Election Act, and then, Article 50-2(2) of the Agricultural Cooperatives Act and Article 33(1) of the Entrusted Election Act are limited to cases where the “act of duty” or “ordinary act” is not considered as a contribution act.

In light of the legislative methods and contents of this Act, the offering of money, goods, etc. falling under Article 50-2 (1) of the Agricultural Cooperatives Act and Article 32 of the Entrusted Election Act constitutes an act of contribution unless it falls under the acts listed in the above exceptional provisions, and if a joint venture makes such contribution, which is prohibited on a regular basis, it shall be punished in accordance with Article 172 (1) 3 of the Agricultural Cooperatives Act through Article 59 of the Entrusted Election Act at the time of such act.

On this premise, the instant case is intended.