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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Election Commission of misunderstanding of facts and misunderstanding of legal principles compensates for election expenses within the range of the ordinary transaction price regardless of the amount applied for the preservation of the candidate, even if the defendants filed an application for the preservation of evidential documents by false entry, there is no possibility that the Election Commission may act by deceiving
Therefore, even though the Defendants’ act cannot be deemed to constitute a deception, there was no commencement of execution, the judgment of the court below convicting the Defendants of this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the conclusion of
B. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of KRW 4 million on each of the charges of violating the Political Funds Act; a fine of KRW 3 million on each of the charges of attempted fraud; Defendant B: a fine of KRW 3 million on each of the charges of violating the Political Funds Act; and a fine of KRW 2 million on each of the charges of attempted fraud) is too unreasonable.
2. Determination
A. In light of the determination of the assertion of mistake of facts and misapprehension of legal principles, where it is deemed that the claimed amount is significantly lower than the ordinary transaction price in compensating for the election expenses, the election commission shall calculate and preserve the ordinary price, and where the amount is lower than the ordinary price, the amount actually paid is preserved. As evidence submitted by the candidate, etc. serves as an important basis for calculating the amount to be preserved, it cannot be deemed that the election commission did not have any possibility of deceiving the defendants into false documentary evidence on the ground that the expenses actually paid by the defendants were more likely to be lawfully preserved as prescribed by the regulations of the election commission.
Furthermore, according to Article 27 of the Criminal Code, there is a danger even if the occurrence of the result is impossible due to the means of execution or mistake of the object.