The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant above.

1. Progress of judgment and scope of adjudication;

A. 1) The lower court found the Defendant guilty on all the charges of violation of the Act on Election of Public Officials, that there was a violation of the restriction on the act of donation by a third party, which is the primary charges related to the act of providing food, and that the Defendant was sentenced to a fine of KRW 3,00,000,000, by recognizing all of the ancillary charges, and sentenced the Defendant not guilty. Accordingly, the Defendant appealed each of the grounds that the lower court erred by misapprehending the legal doctrine as to the convicted portion, misapprehending the legal doctrine, and making an unfair sentencing.

2) Before remand, Seoul High Court rendered a judgment dismissing both the appeal filed by the Defendant and the Prosecutor on the ground that the appeal by the Defendant and the Prosecutor was groundless. Accordingly, the Defendant appealed on the ground that the lower court erred by misapprehending the legal principles as to the acquittal portion or by misapprehending the legal principles, and was unreasonable in sentencing.

The Supreme Court partially accepted the prosecutor's assertion of misapprehension of the legal principles and reversed the part of "the violation of the Public Official Election Act due to inducement of understanding", which is the ancillary facts charged in relation to the act of providing food that was found not guilty by the Seoul High Court prior to remand, by misapprehending the legal principles on the meaning of "the elector" under Article 230 (1) 1 of the Public Official Election Act, which affected the conclusion of the judgment. This part is bound to be reversed together with the violation of the Public Official Election Act due to a third party's contribution act, which is the primary facts charged in relation to the act of providing food. The Seoul High Court prior to sending back, found guilty of the violation of the Public Official Election Act and the violation of the Public Official Election Act by a person who is not entitled to conduct an election campaign due to an election campaign due to a prior election campaign, and the violation of the Criminal Act, which is a concurrent crime under the