All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) 20 million won received by the Defendant for mistake of facts from J (hereinafter “instant money”).

(2) The lower court’s judgment on the violation of the Public Official Election Act cannot be deemed to have existed, since the Defendant was not in a position to exercise any influence on the pertinent proportional representation as at the time of receiving the said money from J, and as such, did not have any intent on the violation of the Public Official Election Act. (2) The lower court’s sentence of unfair sentencing (two months of imprisonment and two years of suspended sentence) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence on the grounds of unfair sentencing is unreasonable. 2) The lower court, among the instant money, went back only KRW 8 million. Accordingly, the lower court’s first instance judgment against J (Seoul District Court Decision 2014Gohap162) rendered an additional collection of KRW 8 million against J, and thus, the Defendant should be sentenced to an additional collection of KRW 12 million, which is the difference, as well as the additional collection of KRW 12 million against J.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the phrase “related to the recommendation as a candidate” in Article 47-2(1) of the Public Official Election Act, which provides for the prohibition of receiving money or goods related to the recommendation of a political party, means that the provision of money or goods constitutes a case where the offer of such money or goods falls under either the price or case of recommendation of a candidate, or where the offer of such money or goods may affect the offer of such money or goods in any form on the recommendation of a candidate (see, e.g., Supreme Court Decisions 2008Do11040, May 14, 2009; 2009Do834, Apr. 23, 2009).

① The J decided to close to the election of the FDo governor, the president of the D Party E council was to help him/her carry out an election campaign, and as a result, required G to grant proportional representation to G (the first protocol of interrogation of prosecutions against J on July 8, 2014), and the F Election Commission on February 4, 2014.