The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. 1) When receiving KRW 30 million from B, the Defendant was not in the position to exercise any influence on “related to the recommendation of a specific person as a candidate by a political party” under Article 47-2(1) of the Public Official Election Act in relation to the recruitment of members of the J-si Council. 2) On March 25, 2014, the Defendant attempted to return KRW 30 million, which is included in the Defendant’s food and drink inside the Defendant’s vehicle, but the Defendant subsequently refused to complete this.

In the event that the defendant does not receive the above money, B merely borrowed money without having to help the defendant to vote, and it does not receive money from B in a manner that is not stipulated in the Political Fund Act at the same time with the receipt of money and valuables in relation to the election of members of the J-si Assembly.

3) Nevertheless, the court below found the Defendant guilty of all the facts charged in this case based on the statement of B lacking credibility. The court below erred in misunderstanding of facts. (b) The Defendant and his defense counsel pointed out this part after the lapse of the period for submitting the grounds of appeal, but they urge ex officio investigation. The Defendant, through AB, attempted to pay KRW 15 million to B on April 19, 2014, by cashier’s checks, but voluntarily consumed KRW 15 million received from the Defendant, and thus, it cannot be deemed that the above KRW 15 million was actually reverted to the Defendant and the Defendant’s interest was lost. Thus, the court below’s sentencing of KRW 15 million was erroneous since it erred by misapprehending the legal principles on additional collection. (1) The court below’s sentence of unfair sentencing is unlawful. (2) The Defendant’s imprisonment with labor for one year, 200 million won, and 15 million won is too inappropriate.

2. Judgment on the assertion of mistake of facts

A. Determination as to whether to recognize the relevance between giving and receiving money and recommending candidates