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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the violation of the Public Official Election Act due to the Defendants’ purchase and inducement for understanding
A. The crime of violation of Articles 230(1)4 and 135(3) of the Public Official Election Act is subject to the punishment of offering money, valuables, or other benefits, expressing an intention to offer them, or promising to offer them in connection with the election campaign. The subject of the punishment is not limited to offering money, goods, etc. during the election campaign period as provided by the Public Official Election Act. "in relation to the election campaign" as provided by Article 135(3) of the same Act means "in response to the election campaign, taking the matters concerning the election campaign as motive for the election campaign". It is more broad than "for the election campaign," and there was no purpose that may affect the purpose of
Even if the act itself was established in a way that it is highly likely to infringe on the freedom of election, the provision of money and valuables does not necessarily need to be the consideration for election campaign, and if it is related to election campaign, such as the cost for providing information related to election campaign, and the cost for election campaign (see, e.g., Supreme Court Decisions 2004Do6795, Feb. 18, 2005; 2010Do9110, Dec. 23, 2010). In addition, the term "providing" does not necessarily mean that it belongs to the other party, and even if the other party who received money and valuables, etc. is the so-called intermediary who is not the one to whom the money and valuables, etc. belong, it is not a simple custodian or a specific person to whom the money and valuables, etc. belong, and it does not mean that there is a certain degree of discretion and discretion on the subject, method, and amount of distribution, etc., of money and valuables, as long as there is room for attribution to that person.