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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 5,00,000 won, and a fine of 2,00,000 won, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s assertion of misunderstanding of facts or misunderstanding of legal principles is that Defendant A paid KRW 10 million to Defendant B in return for providing necessary consulting services as a candidate for Defendant A by preparing and submitting documents, such as an official application, etc. to the F Party, and the said amount is not related to the election campaign.
B. The sentence (Defendant A: a fine of KRW 7 million, Defendant B: a fine of KRW 3 million) of the lower court on the Defendants’ assertion of unfair sentencing by the Defendants is too unreasonable.
C. The Prosecutor’s assertion that the sentence imposed by the lower court against the Defendants is too unfasible and unreasonable.
2. Determination
A. (1) As to Defendant A’s assertion of mistake of facts or misapprehension of legal principles, the term “election campaign” under Article 58(1) of the Public Official Election Act refers to all acts necessary and favorable for the election or defeat in the election in an election for public office under Article 2 of the Public Official Election Act, which can be objectively recognized as an objective and planned act for the purpose of promoting the election or defeat in the election. Thus, the mere act of preparing an election campaign falling under the internal and procedural preparation for an election for the future election campaign or the ordinary political party activities or the political party recommendation to participate in an election for public office does not constitute an election campaign which is limited under Article 57-3(1) of the Public Official Election Act, but in determining whether a certain act constitutes an election campaign, it shall be determined not only as the name of the act, but also as well as the form of the act, place, method, etc. of the act, which is the time, method, etc. of the act, and whether it entails an act to ensure the election or defeat of a certain candidate.
(see, e.g., Supreme Court Decision 2010Do3935, Jun. 24, 2010). Also, the Public Official Election Act.