The judgment below is reversed, and the case is remanded to the Daegu District Court.

Judgment ex officio is made.

1. As to the violation of the Agricultural Cooperative Act, the violation of the Agricultural Cooperative Act due to the violation of Article 172(1)3 and Article 50-2 of the Agricultural Cooperative Act on the restriction on the act of contribution by the head of an association relating to the election of the head of an association under Article 172(1)3 and Article 50-2 of the same Act is complete after the lapse of six months from the date the act was committed (Article 172(4) of the Agricultural Cooperative Act). According to the records, as to the violation of the Agricultural Cooperative Act among the facts charged in the instant case, the Defendant committed an act of contribution from May 2014 to June 26, 2015, which the Defendant was holding office as the head of the agricultural cooperative. As such, it is apparent that the instant indictment was instituted on June 26, 2015, the indictment in this part of the facts charged has already been completed before the prosecution was instituted.

Therefore, among the facts charged in the instant case, a judgment of acquittal should have been rendered in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act regarding the violation of the Agricultural Cooperative Act.

In this regard, the first instance court tried to reverse it, examine the substance, and rendered a judgment of conviction, and maintained it as it is.

The court below erred by misapprehending the legal principles on the statute of limitations.

2. As to a violation of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”), the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”) provides that a candidate may not make a contribution during the period subject to the restriction on contribution (Article 35(1)), and that a person who violates this provision shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won (Article 59). In addition, the Act on Entrusted Election stipulates that the period subject to the restriction on contribution in an election due to the expiration of the term of office shall be “from 180 days before the expiration of the term of office to the election day” (Article 34 Subparag. 1). According to the record, the Defendant is aware of the fact that he/she was elected from the CF election due to the expiration of the term of office implemented on March 11, 2015 and was appointed as the person on March 20, 2015.

Therefore, the above election is held.