All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. It was true that the Defendant provided cash to union members as stated in the facts charged No. 1. However, in the case of the facts charged No. 2, the Defendant only possessed the money remaining after using expenses necessary for election campaign and did not possess it for the purpose of distributing it to union members.

Nevertheless, the judgment of the court below which found the Defendant guilty of all the facts charged of this case is erroneous and adversely affected by the judgment.

B. As to the punishment of the lower court (one year of imprisonment, two years of suspended execution, and confiscation), the Defendant asserts that the prosecutor is too unfasible and unfair.

2. Determination

A. The judgment of the court below on the assertion of fact is based on the evidence duly adopted and examined and the following circumstances. ① The defendant does not have persuasive explanation as to the whole facts charged at the court below. ② The defendant's possession of a large amount of KRW 4,400,000 or high amount of cash in his own money without any specific purpose; ③ the defendant, unlike the initial estimate that he intended to pay in cash for an election campaign, he would have paid the above amount of cash by transferring it to the account, but the defendant would have a large amount of cash. However, the defendant's intention to pay in cash up to a million won was not only natural kind, but it was only raised at the appellate court's first argument (the defendant had the first investigation agency claimed that he only used the cash amount of KRW 6,440,000,000,000 which was received from the wife for expenses during the election campaign period and had it paid in cash.)