The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Progress of litigation;

A. The lower court is the person in charge of the H’s accounting of a member of the National Assembly who was elected after going to the F constituency in the election for the 19th National Assembly member that was implemented on April 11, 2012.

On April 24, 2012, B election consulting service chain I is an actual operator of B election consulting service business.

The facts charged that remitted KRW 16.5 million to the Defendant in connection with the election campaign (the part on the violation of the Public Official Election Act due to the receipt of money and valuables related to election campaign) and the Defendant paid KRW 16.5 million to B as above and from February 24, 2012.

4. Until September, by paying 33 million won as consulting expenses, such as the establishment of election strategies, etc., the Defendant was convicted of all the charges charged that election expenses in excess of 31,826,190 won (32.2/200), which is the amount limited to election expenses in the F constituency, were paid (the part of the crime of violating the Public Official Election Act due to excessive disbursement of election expenses), and sentenced the Defendant to eight months of imprisonment.

B. The Defendant appealed against this and filed an appeal. The first instance court rejected the Defendant’s argument on the violation of the Public Official Election Act due to the receipt of money or valuables related to election campaign, while accepting part of the Defendant’s argument on the grounds of appeal regarding the violation of the Public Official Election Act due to excessive disbursement of election expenses, and 8,00,000 won out of 333,00,000 won paid by the Defendant in the name of consulting expenses is not election expenses, and thus, the lower court reversed the judgment and sentenced the Defendant to a suspended sentence of 23,026,190 won (23.3/200).

C. Re-appealing and filing an appeal by the Defendant. The Supreme Court rejected Defendant’s assertion in the grounds of appeal as to the violation of the Public Official Election Act due to the receipt of money and valuables related to election campaign, while accepting Defendant’s assertion in the grounds of appeal as to the violation of the Public Official Election Act due to excessive disbursement of election expenses and