Defendant

All appeals filed by A and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles applied the legal principles of the Supreme Court precedents on the interpretation of “providing” under Articles 112(1) and 135(3) of the Public Official Election Act, but the above legal principles cannot be deemed to apply to the instant case at issue under Article 47-2(1) of the Public Official Election Act. Even if this is not so, the Defendant cannot be deemed to have received KRW 20 million since he did not have discretion on the subject, amount, method, etc. of allocation of money received from B. Nevertheless, the lower court erred by misapprehending the facts charged against the Defendant or by misapprehending of legal principles, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the sentence (one year of imprisonment and two years of suspended execution) imposed by the lower court on the Defendant of unfair sentencing is too unreasonable.

B. The prosecutor (unfair penalty) who sentenced the Defendants to each sentence (the imprisonment of one year, two years of suspended sentence, 10 months of suspended sentence, 2 years of suspended sentence, 2 years of suspended sentence, 20 million won of confiscation, 20 million won of collected penalty) that the lower court sentenced the Defendants are deemed to be too uneasible and unfair.

2. Determination

(1) The term "contribution act" used in this Act means an act of offering money, goods, and other property benefits, expressing an intention to offer such benefits, or promising to offer such benefits to a person within the relevant constituency, or an institution, organization, facility, or the electorate, or an institution, organization, or facility, even if outside the relevant constituency, even though there is a meeting or event of a person in the relevant constituency or an institution, organization, facility, or the electorate, or an act of having relations with the electorate, or an act of offering such money, goods, or other property benefits, or of offering such benefits. Article 135 (3) and Article 135 (3) of the Public Official Election Act (see, e.g., Article 135 (3) of the same Act) (3) of the same Act, except for cases where allowances, actual expenses, or other benefits are provided under this Act.