All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Until the time when an investigation by the election commission was conducted, Defendant A believed that he/she paid the food cost by using his/her business promotion expense card from F.

However, in fact, Defendant B paid the food price with his credit card, which is the involvement of Defendant B in the act of contribution in the process of Defendant A’s act of contribution, and the act of contribution by Defendant A constitutes attempted disability.

Since the Public Official Election Act has no provision punishing the attempted contribution act, Defendant A's act shall not be punished.

In addition, Defendant B did not make a contribution act for “A” to be a candidate for “election”, but did not make a contribution act for Defendant B itself, namely, settling food payments for the purpose of raising the person’s position.

As above, the Defendants cannot be deemed to have engaged in implied conspiracys on contribution acts because they knew of who has settled food costs. Thus, the co-principal cannot be established.

B. The lower court’s sentence (Defendant A: a fine of 1.5 million won, Defendant B: a fine of 1 million won, and each provisional payment order) against the Defendants is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts is based on various circumstances acknowledged by the evidence duly admitted and investigated, namely, the G Federation (hereinafter “Federation”).

2) On March 27, 2018, the head of H, the president of the Federation, requested several times to attend a meeting of the Federation, and promised directly F to work as a meal site on March 27, 2018, and ② the meeting of the Federation (hereinafter “instant meeting”).

Defendant A and the executives of the Federation, as well as Defendant A’s contact, participated in the preliminary candidate Q, proportional representative preliminary candidate O, Defendant B, and R with the DGun Council members belonging to the same party. ③ According to the statement of the participants at the conference of the Federation, Defendant A is the electorate of the D group.