The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of 800,000 won.

The above fine shall be imposed on the defendant.

In light of the summary of the grounds for appeal (fact-finding or misunderstanding of legal principles), the defendant's status, the subject of contact, speech and behavior, and the contents of press reports related to the defendant's candidate, etc., the defendant is included in the "person who intends to become a candidate" under Articles 257 (1) 1 and 113 (1) of

Nevertheless, the lower court found the Defendant not guilty of the facts charged in this case on the ground that the lower court erred by misapprehending the facts or misapprehending the legal doctrine, and that the remaining Defendant did not constitute “a person who

A person who intends to become a candidate" in the Public Official Election Act of the legal principles related to the determination of the grounds for appeal includes not only persons who have been officially expressed by the candidate's intention, such as filing an application for success with a political party or punishment for activities to obtain a candidate's recommendation from a general elector, but also persons who can objectively recognize that he/she has an intention to run for an election in light of his/her status, contact, speech, etc. (see, e.g., Supreme Court Decision 2007Do2625, Jul. 26, 2007). It is sufficient if he/she is a person who has an intention to run for an election at the time of contribution, and such intention is not required even to be confirmed.

(See Supreme Court Decision 96Do976 Decided September 10, 1996, etc.). In full view of the evidence duly adopted and examined by the lower court, it is recognized that the Defendant, at the time of the instant contribution act, had an intention to run as a candidate for the head of a local government’s organization, etc., whose election district is B/si residing in the simultaneous local election that was held on June 13, 2018.

The following grounds for the determination are divided into several items.

The defendant's career and status, and the status of the defendant were in the 16th National Assembly member election district in 2000 and in 2004, the 17th National Assembly member election in 2004, and the 2002.

After that, the defendant is obvious.