The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, at least the defendant's willful negligence in relation to the facts charged of this case may be recognized, but the court below determined that there was no proof of the crime, and determined that there was no proof of the crime, thereby misapprehending the legal principles as to the subjective elements necessary for the establishment of

The Defendant was elected on June 13, 2018 as the candidate for the D party in the election of members of the 7th City/Do constituency National Assembly which was implemented on June 13, 2018.

On March 10, 2003, the Defendant was sentenced to a fine of one million won as a violation of the Farmland Act in the Southern District Court Branch of the Jeonju District Court on March 10, 2003. At the time of applying for candidate registration, the total sum of the property of the Defendant, spouse and their lineal descendants was KRW 581,559,000, and the total amount of the tax payment for the last five years was KRW 4,827,000.

Nevertheless, on May 18, 2018, the Defendant requested the “G” for the F operation in North Korea, and produced election campaign bulletins to be distributed to the electorates in connection with the election of the National Assembly members of the 7th City/Do local election B, and distributed them to the electorates in the column for “property status and military service records” in paragraph (2) of the above election campaign bulletins, “property status and military service records”, and “tax payment and delinquent performance and criminal records for the preceding five years” in paragraph (3) of the same Article, “the amount of tax payment: 5,965,00 won, and “the criminal records of a candidate” in the same paragraph, and submitted the above election campaign bulletins to the B election commission, and distributed 2,745 parts of the aggregate around June 2, 2018.”

Accordingly, the defendant published false facts about the candidate's career in favor of the candidate for the purpose of election.

The judgment of the court below is consistent with the purport that ① the Defendant consistently stated the information disclosure item among the draft of the election campaign bulletin delivered by F, as a matter of course, and did not examine it in detail.