The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant was registered as a preliminary candidate for the B market election ( March 2, 2018), which was implemented on June 13, 2018, and went away from the competition line in the C Party.

A person who intends to become a candidate shall not make a contribution act with a person in the relevant constituency, or an institution, organization, or facility, or a person having relations with the electorate even if such person is outside the relevant constituency, or an institution, organization, or facility.

The Defendant stated in the facts charged at around 20:50 on September 16, 2017 as “ around 20:50 on September 13, 2017,” but according to the following: (i) the written statement of the police of the Defendant against I, J, and K (Investigation Record 33, 200, 211); and (ii) L notice (Investigation Record 227 pages), the “round 20:50 on September 16, 2017” appears to be consistent with the factual basis; and (iii) even if the written statement was corrected without any amendment, it does not seem to have any substantial disadvantage to the Defendant’s exercise of his/her right to defense; and thus, (iv) a correction is ex officio.

The E Park, which is located in Gyeonggi-D, participated in the "G" held under the supervision of the F Residential Self-Governing Committee, and made a contribution by giving an envelope of KRW 100,000 in cash to the electorate, who is the electorate, under the pretext of supporting the event.

2. Although the Defendant’s assertion that the Defendant and his defense counsel paid the supporting money as indicated in the facts charged, the Defendant had no intent to become a candidate for the B market election, and there was no fact that the Defendant expressed his intention externally by objectively expressing such intention or opening an election campaign office, etc.

Therefore, at the time of the contribution act in this case, the defendant cannot be viewed as "a person who intends to become a candidate".

3. Determination

A. The "person who intends to become a candidate" in Article 113 of the Public Official Election Act refers to not only a person who is scheduled to participate in an election but also a person whose candidate's will is expressed externally, such as filing an application for success with a political party or punishing an activity to obtain a candidate from a general elector, etc.