The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. In light of the circumstances in its holding, the court below determined that the defendant's act constitutes a contribution act under the Public Official Election Act because the amount equivalent to interest during the period from the time when the defendant paid the overdue wages to the time when the same amount was repaid to the retired worker is provided to the company of this case without compensation, and thus the defendant's act constitutes an act of donation under the Public Official Election Act, and the defendant sufficiently recognizes the circumstances that the interest equivalent to interest during the above period for the substitute payment was provided to the company of this case, and that he did not take part in the act of substitute payment, it is in accordance with the general sense or normal experience, and it is difficult to view that the defendant had been able to receive from the company of this case the above substitute payment to the time when he received the repayment of the same amount from the company of this case, and therefore, it is sufficiently recognized that the defendant had the criminal intent of the contribution act by offering the above interest equivalent to interest.

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err in the misapprehension of legal principles as to the intent to commit a contribution act

2. As to the grounds for exclusion of illegality

A. Article 112 of the Public Official Election Act comprehensively provides for the type of contribution act subject to punishment under Article 257(1)1 and Article 113 of the same Act, and Paragraph (2) of the same Article provides for the case where the contribution act by a candidate, etc. does not constitute a formal act or an official act, which is not considered a contribution act. Thus, even if the contribution act by a candidate, etc. falls under a formal act or an official act as provided by Article 112(2) of the same Act, it is naturally created as one of the normal forms of living.