The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In relation to the facts charged in the instant case of mistake of facts, there was no fact that the Defendant, at the time and time stated in the facts charged, found G G to have opened a plastic bag containing KRW 300,000,000 in cash.

Nevertheless, the court below which found the above facts charged guilty has erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment, one year of suspended execution, one year of confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) The spouse of a candidate who participates in an election for the head of an agricultural cooperative association may not make a contribution during the contribution-restricted period (from September 21, 2014 to March 11, 2015).

The Defendant, as the spouse of the candidate F who won an election for the head of the E Agricultural Cooperative Association, enforced on March 11, 2015, was willing to provide money and valuables to the members and appeal for support in order to have the F elected.

At around 11:00 on February 13, 2015, the Defendant found the house of association members H located in the Haan-gun, Haan-gun, Nannam-gun, and found his woman “comford” and 300,000 won in cash.

B. In a judgment of conviction in a criminal trial, the conviction should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, the doubt of guilt is against the defendant even if there is no evidence to establish such a conviction.

Even if there is no choice but to judge the interests of the defendant.

(Supreme Court Decision 2003Do5114 Decided January 27, 2004). The evidence supporting this part of the facts charged was a statement of the police statement of G in support of this part of the facts charged (the purport of obtaining a call from G to the Defendant’s office at the time of the entry of the facts charged, and at the time of 20 minutes thereafter, the Defendant changed the plastic bags containing 300,000 won in cash at his office.).