The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentencing of the lower court (the fine of KRW 800,000) is too unhued and unreasonable.

B. (1) The judgment of the court below which found Defendant guilty of the charge against Defendant who did not make a contribution by mistake of facts is erroneous, which affected the conclusion of the judgment.

【The sentencing of the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. At around 12:00 on September 1, 2012, the Defendant: (a) provided 40 or 50 persons, including H, who participated in the 18th presidential election, at the “E restaurant” (hereinafter “instant restaurant”); (b) on the same day, at the 18th presidential election C, at the 18th presidential election, the Defendant provided 40 to 50 or 50 persons, including I, who were enrolled in the party members and news gathering, and at the event site (hereinafter “instant event”); and (c) provided food equivalent to KRW 56,00,000 at the market, to either the preliminary candidate C for the 18th presidential election or C for the 18th presidential election.

B. The lower court, based on its stated reasoning, found the Defendant to have performed the act of donation in this case for C preliminary candidate F or C party, and determined that the Defendant, other than L who actually paid food expenses, was the subject of the act of donation, and convicted the Defendant of the facts charged in this case.

C. According to the evidence duly admitted and examined by the lower court, the following facts are acknowledged.

① On September 1, 2012, the Defendant, as the chairman of the Operational Council of Party Members in the Dasan-si, Simsan-si, Simsan-si, Simsan-si, planned ten meals to the instant restaurant by ordering L around September 1, 2012.

② At the event of the instant case, C/C’s chairperson and workers on duty of the Chungcheongnam-do Party (hereinafter referred to as the “ Chungcheongnam-do Party”) attending the instant event, and H and other reporters, including H, who gather news, and I, etc. at the event site.