The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

except that this shall not apply.

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of facts and misapprehending of legal principles, the court below erred by misapprehending the legal principles as follows.

(A) Violation of the Local Education Autonomy Act due to the establishment of a similar agency, Defendant B entered into a consulting agreement with Defendant A to prepare for an election campaign, and prepared name cards, placards, promotional materials, etc. to be used for an election campaign at the K Research Institute located inO (hereinafter “instant Research Institute”).

The scope of consulting contracts does not include SNS public relations activities, and the public relations activities conducted by the research institute of this case are only incidental to those conducted at the request of Defendant A.

The office of this case constitutes a kind of service office as a place for election campaign preparation, and does not constitute a similar institution prohibited from being established under the Public Official Election Act.

Defendant

B was asked in advance to the election commission that the election commission does not violate the Public Official Election Act, and the research institute of this case did not intend to establish a similar institution because it was engaged in SNS promotion activities.

(B) Violation of the Local Education Autonomy Act due to the receipt of money and valuables KRW 80 million, and Defendant B received 80 million as the down payment of consulting contract for the preparation of election campaign from Defendant A, and disbursed KRW 30,77 million to KRW 30,90,000 as the down payment of the goods to be supplied under the above contract. As such, the above KRW 80,000 to KRW 30,000 is for election campaign preparation, not for election campaign, but for election campaign.

Even if Defendant B received money and valuables in relation to the election campaign, the amount of KRW 27.7 million (2 million for the production of an advertising film of KRW 20 million) paid to Defendant A for the preparation of the election campaign out of KRW 80 million received from Defendant A (5 million for the contract deposit of KRW 7 million for the production of an advertising film of KRW 20 million) shall be substantially accrued to Defendant B.