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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and Sentencing of sentencing) 1-A of the facts constituting the crime as indicated in the judgment of the court below. ① Defendant A did not have any fact about Defendant B around November 30, 2014, nor did Defendant A provided members with drinking water with KRW 200,000 in cash by selling drinking water, and there was no fact that Defendant B conspired to conduct a prior election campaign with Defendant B.
② Even if Defendant A provided two ties to the union members through Defendant A for family affairs, this does not constitute “election campaign” as provided by the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”).
③ Defendant A registered as a candidate for an election for the president of the FFF agricultural cooperative around February 24, 2015, and there is no room to constitute “person who is not a candidate” under Article 66 subparag. 1 of the Entrustment Election Act, and thus does not constitute the elements of criminal facts constituting an election campaign even if he/she is not a candidate.
2) Defendant A did not provide Defendant B with KRW 200,000,000 for criminal facts of the judgment of the court below, and Defendant B provided Defendant B with KRW 200,000 for household affairs to P, etc.
Even if there is no relation with Defendant A and there is no fact that he conspireds with Defendant B.
3) As to the crime No. 2-A (1) part of the crime of the court below as indicated in the judgment below, there is no entry in the house of the above person, there is no provision of cash, nor there is any fact that an election campaign was conducted, and there is no fact that there was no entry in the house of the above person in relation to the crime No. 2-A (1) part of the crime No. 2-A (T), No. 2-X (X), 3 (X), and 7 (Z), and there is no fact that cash was provided.
② In relation to the attached list 2: (a) No. 5 (C) and 6 (AD), there was a fact that gifted drinking water at the house of the above-mentioned persons who are the former head of the association, but the illegality is excluded as it does not go against the social rules; and (b) there was no fact that there was an election campaign against the above persons.
4) Section 2-A (2) of the facts constituting the crime as stated in the judgment below, and Section 2-A (2) of the attached crime list 1.