The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 800,000.

The defendant above.

1. Progress of litigation;

A. The lower court found the Defendant guilty of violating the Act on Election of Public Officials due to violation of the Restriction on Contribution Act, and against the Defendant due to violation of the Act on Election of Public Officials due to prior election campaigns, and sentenced the Defendant to a fine of KRW 80,000,000, and appealed only on the ground that the prosecutor’s sentencing was unfair

B. At the third trial date prior to the remanding, the prosecutor, while maintaining in his first place the “violation of the Public Official Election Act due to the violation of the Restriction on Contribution Act” related to the provision of food among the facts charged in the instant case, applied the charges of “violation of the Public Official Election Act due to the inducement of water and understanding,” and “Article 230(1)1 of the Public Official Election Act and Article 40 of the Criminal Act” under the application of the Act. The court below allowed the correction of the bill of indictment to add “Article 230(1)1 of the Public Official Election Act and Article 40 of the Criminal Act. The court below reversed the part of the judgment below as to the Defendant ex officio, and acquitted the Defendant of all the ancillary and conjunctive facts charged, while keeping the judgment of the court below, and sentenced the Defendant to a fine not exceeding 70,000 won.

(c)

A prosecutor filed a final appeal against the judgment of the court prior to remand on the grounds of misunderstanding the legal principles as to the portion of innocence. The Supreme Court accepted part of the prosecutor’s assertion of misunderstanding the legal principles and rendered a not-guilty verdict by the trial court, and reversed the misapprehension of the legal principles as to “an elector” under Article 230(1)1 of the Public Official Election Act and “the purpose of getting elected”, which are the ancillary facts charged in relation to the provision of food and drink, thereby affecting the conclusion of the judgment. This part is identical to the violation of the Public Official Election Act, which is the primary facts charged related to the provision of food and drink.