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.

1. The summary of the grounds for appeal is that the Defendant sentenced a fine of KRW 1.5 million to the Defendant, while the Defendant asserts that the lower court’s punishment is heavy, the prosecutor’s punishment is too minor.

2. The Defendant, who is a public official in extraordinary civil service assisting the D market at the time of committing the instant crime, is not deemed to have been engaged in the public opinion poll, such as providing advice on the content of the opinion of the public opinion poll to investigate the support of electors for the current market and other preliminary candidates, which is to become a candidate for D market by aiding and aiding F’s issuer G and O, the operator of the public opinion poll company, in sequence, and thus, undermining the political neutrality of public officials and impairing the fairness and transparency of the election, and thus, the nature of the crime

However, in light of the circumstances leading the Defendant to commit the instant crime, G, which created F, was a plan to conduct a public opinion poll with a creative key house, but G, which did not have experience in the public opinion poll, was involved in the public opinion poll by seeking help of the Defendant, introducing a public opinion poll company, and making a draft of the public opinion poll and informing theO in e-mail, etc., and the Defendant is not in the position to lead the public opinion poll. ② Although the Defendant prepared the draft of the public opinion poll, the content of the questionnaire for the public opinion poll was finally determined by G andO through several consultations, ③ since the result of the public opinion poll was not published, it appears that the result of the instant public opinion poll could not have any particular impact on the election. ④ Since the instant crime was punished in accordance with the example of aiding and abetting, the sentencing guidelines of the Supreme Court Committee was punished in accordance with the crime of aiding and abetting, the scope of sentencing guidelines for this case under the sentencing guidelines is limited to KRW 7 million or 2 million (election crimes, violation of election campaign, illegal type, and basic type).