The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1) The Defendant paid KRW 500,000 as the development fund or special membership fee to the Dong Chang-dong Association of H school 28 (hereinafter “Re-Dong Chang-dong Association”).

This does not constitute a contribution act as a "payment of membership fee" under Article 112 (2) 2(e) of the Public Official Election Act, and the defendant did not have an intention to make a contribution.

Even if the defendant's supporting act constitutes a contribution act, it is justified as a legitimate act that does not violate social rules.

2) The Happiness-dong branch is not an “organization in the constituency” of the Defendant.

In addition, a "organization with a electoral citizen and a person related to a electoral resident" must account for at least a majority of its members, who have a certain blood or human relationship with the electoral resident, and may have any impact on the decision-making of the electoral resident, which does not correspond to this.

The punishment (one million won in penalty) sentenced by the court below for the defendant is too unreasonable.

Defendant

1) In light of the relevant legal principles, Article 113 of the Public Official Election Act limits all contributions made by local council members, etc.; Article 112(1) of the said Act comprehensively provides for the types of contributions subject to punishment; and Article 112(2) of the said Act limits the exceptions, in light of the statutory provisions of the said Act, the offering of money and valuables falling under Article 112(1) of the said Act does not constitute an act of courtesy or under duty or under ordinary political party activities by the rules of the Central Election Management Commission based on Article 112(2) of the said Act and its decision; and Article 257(1) of the said Act punishing violations of the prohibition of contributions by local council members, etc.