1. The guilty part of the judgment of the court below is reversed.

2. The defendant shall be punished by a fine of KRW 900,000.

3. The defendant is above.

1. Summary of grounds for appeal;

A. The punishment of the court below (a fine of three million won) is too unreasonable.

(B) The defendant completely withdraws his assertion of misunderstanding of facts or misunderstanding of legal principles on the second trial date of the trial.

1) With regard to the mistake of facts or a violation of the restriction on contribution by a third party, the “election district concerned” as provided in Article 112 of the Public Official Election Act refers to the election district for future election. The Constitutional Court’s ruling of inconsistency with the Constitution becomes null and void due to the Constitutional Court’s ruling of inconsistency with the Constitution is still valid since the election district for the 19th National Assembly member general election and the constituency for the 20th National Assembly member general election, which is the relevant election district, still exist. Therefore, the judgment of the court below that the Defendant’s act of offering goods does not constitute a contribution act under the Public Official Election Act on the ground that the act of offering goods was conducted without a valid constituency

2. Determination

A. As to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles, Article 20 of the former Public Official Election Act (amended by Act No. 14073, Mar. 3, 2016) (3) refers to the local constituency National Assembly members, local constituency council members (local constituency City/Do council members and autonomous Gu/Si/Gun council members of local constituency).

hereinafter the same shall apply.

(1) For the fair determination of a constituency for the National Assembly member, the election district of the relevant National Assembly member shall be established and operated under Article 24 (1) (1) from 18 months before the election day of the National Assembly member at the expiration of the term to the date on which the name and the district of the National Assembly member, which applies to the relevant election for the National Assembly member, are determined and effective. Article 24-2 (1) The National Assembly shall determine the constituency for the National Assembly member by one year before the election day.