The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Progress of litigation;

A. The lower court convicted the Defendant of the violation of the Public Official Election Act due to the violation of the period of election campaign, and the violation of the Public Official Election Act due to the violation of the contribution-restricted act, and sentenced the Defendant to a fine of KRW 1.5 million.

On the other hand, the defendant appealed each on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing.

B. On the second trial date before remanding, the prosecutor: (a) specified the participants of food events in relation to the violation of the Public Official Election Act due to the violation of the period of election campaign, and the violation of the Public Official Election Act due to the violation of the Restriction on Contribution Act among the facts charged in the instant case; and (b) added and changed the items and amount of food costs; and (c) maintained the facts charged in relation to the violation of the Public Official Election Act due to the violation of the Restriction on Contribution Act due to the violation of the Restriction on Contribution Act; and (d) selectively applied the charges of “violation of the Public Official Election Act due to the inducement of number and understanding,” and Article 230(1)1 of the applicable law.

Before remanding, the judgment of the court below was reversed ex officio in accordance with the above changes in indictment, and judged not guilty of violation of the Public Official Election Act due to violation of the Act on Contribution-restricted Act, which is the original charge, and violation of the Act on the Election of Public Officials due to purchase and inducement of understanding, which is the additional selective charge, and sentenced the defendant to a fine of one million won, while maintaining the judgment of conviction of the court below.

(c)

With respect to the judgment of the court prior to remand, the prosecutor appealed on the grounds of misunderstanding of legal principles as to the acquittal of violation of the Public Official Election Act due to purchase and inducement of understanding, which is the selective charges.

The Supreme Court.