The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (2 million won of fine) is too unreasonable.

2. Determination factors are recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the Defendant already assumed the instant obligation through the press prior to the production of the election campaign bulletin, that the publication of the instant false facts appears not to have a significant impact on the election, and that the Defendant does not have any previous criminal records and no other criminal records other than the fine exist.

However, the crime of this case recognized by evidence, evidence law, and legal principles is not only an act of preventing a candidate from faithfully reporting the details of his/her property, but also an act of punishing the legislative purpose of the Public Service Ethics Act aimed at securing fairness in performing public duties and establishing the ethics of public officials by preventing the public official’s unlawful increase of property, but also an act of punishing the public official.

It is also recognized that there is an unfavorable sentencing factor or objective and neutral sentencing factor such as the defendant's act of hindering the correct notice of property relations of a candidate for public office and the right judgment of a person with a right on the basis thereof, and the defendant's obligation not reported has reached KRW 800 million including interest and damages for delay, and if the existence of the above obligation is rare, it seems that the defendant intentionally omitted it because the details of the defendant's property will disappear and would have a negative impact on the election, and even at the time of the local election in 2010, the defendant was under suspicion similar to that of the local election in 2010, but there was no civil judgment finalized at the time, or there was no claim against the defendant as to the existence of the claim or debt, etc.

The above sentencing factors and the statutory penalty for the violation of the Public Official Election Act due to the publication of false facts for the purpose of election shall be limited to not more than five years, or 30 million won.