The prosecution of this case is dismissed.

1. No person charged with an offense shall provide any money to an elector with the intention to have him/her cast or not cast a vote, or to have him/her elected or not cast a vote;

Nevertheless, for the purpose of getting a non-party elected in connection with the C Special Election that was implemented on December 19, 2012, the Defendant: (a) around 14:00 on December 11, 2012, in the E operated by the Defendant located in Busan-si; (b) on December 11, 2012, the Defendant: (c) requested F, who was found in the said Schlage, to provide support to the non-party. (d) 10,000 bags containing one 10,000 won worth.

As a result, the defendant provided money to the elector for the purpose of getting a candidate to be elected.

2. Since the facts charged in the indictment are meaningful to limit the object to be tried by the court and to guarantee the right of defense by specifying the scope of defense of the accused, Article 254(4) of the Criminal Procedure Act provides that in stating the facts charged, specific facts constituting the elements of a crime must be specified by specifying the date, time and method of the crime.

(See Supreme Court Decision 2009Do5698 Decided October 13, 201, etc.). Article 230(1)1 of the Public Official Election Act provides that a person who provides money to an elector for the purpose of getting elected shall be punished. The crime of violating the Public Official Election Act constitutes a so-called purpose crime requiring “the purpose of enabling a candidate to be elected” in addition to intention, as an excessive subjective constituent element for the establishment of a crime. The above purpose is premised on the act for a specific candidate. As such, in instituting a public prosecution due to the violation of the Public Official Election Act, the prosecutor shall specify the scope of the public prosecution and the purpose of ensuring the defendant’s exercise of his/her right to defense, and the indictment without the specific purpose is written.