All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1.5 million, etc.) declared by the lower court is too unreasonable.

B. In light of the fact that Defendant A provided money and valuables to the incumbent Gu Council members and attempted to conceal evidence after the commission of the crime, Defendant B received money and valuables in relation to the election as the chairperson of the organization, etc., the sentence imposed by the court below is too unreasonable.

2. Determination

A. Defendant A, a candidate for the election of a member of Gangseo-gu Busan Metropolitan City Council, argued to the effect that: (a) providing KRW 500,000 in cash to Defendant B, who is a candidate for the election of a member of the Gangseo-gu Busan Metropolitan Council, actively serving as the chairperson of the organization related to pending issues in the relevant constituency at the time when the election day is imminent; (b) in light of the purport of the Public Official Election Act, which seeks to prevent any excessive and complicated election by exercising influence over the right to prohibit the election campaign, the crime is very poor (On the other hand, the Defendant, after the end of the period for the statement of grounds of appeal, gave KRW 50,00 to Defendant A, who is a candidate for the election of a member of the Gangseo-gu Busan Metropolitan City Council, was not giving money to Defendant B in relation to the election campaign; and (c) Defendant A’s act of giving money and valuables to Defendant B after his lawful adoption and examination, which constitutes a violation of the former Public Official Election Act.