The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

In full view of the evidence presented in the summary of the grounds for appeal, the court below found the defendant not guilty of the defendant who provided money to E for the election campaign, which affected the conclusion of the judgment by misunderstanding the facts.

Before the judgment on the grounds for appeal by the public prosecutor ex officio, the public prosecutor shall keep the existing facts charged as the primary facts charged, and the preliminary application law provides that "Article 35 (5) and Article 59 of the Act on Entrusted Elections by Public Organizations, Etc.," and the preliminary charges apply for permission to amend an amendment to an indictment adding the same contents as those stated in the following facts as the facts charged. This court permitted this, which changed the subject of the judgment, and as seen later, it is found that the preliminary charges were guilty, the judgment of the court below is no longer maintained.

However, despite the above reasons for reversal of authority, the prosecutor's assertion of mistake as to the primary facts charged is still subject to the judgment of this court, and this is examined.

Judgment on the Prosecutor's misunderstanding of facts as to primary facts charged

A. The primary Defendant, from July 2010 to March 20, 2015, served as the head of a D’s association located in South and North Navy C from around July 2015. On March 11, 2015, the Defendant was a candidate for the head of a D’s association at the simultaneous election of the head of a cooperative nationwide, and was born.

On February 5, 2015, the defendant was not allowed to provide money to the elector for election campaign purposes, but the defendant provided money to E by giving back a white envelope containing 300,000 won (50,000 won) (50,000 won) on the electoral register to E in the office of the head of the association located in D located in South and North west-gun C, and the head of the association located in D, which is eligible for entry in D's electoral register, to E.

B. The lower court determined as follows: (i) the Defendant did not publish any advertisement by G reporters E, thereby making a negative article about D.