The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and legal principles: (a) Defendant 1’s act of delivering KRW 100,000 to K is a kind of courtesy act, which does not violate social norms, and thus, illegality is excluded (see, e.g., Supreme Court Decision 2015Da35441, Apr. 1, 200); (b) Defendant in a election campaign period; and (c) the content thereof was private, and only in a private-use telephone call for W (see, e.g., Supreme Court Decision 2015Da3102, Apr. 2, 2015). Nevertheless, the lower court found Defendant guilty of this part of the charges. In so determining, it erred by misapprehending the facts and misapprehending the legal doctrine

2) The sentencing of the lower court’s unfair sentencing (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

B. Prosecutor 1) misunderstanding of the legal doctrine (non-violation) A constitutes a person entitled to be recorded in the electoral registry.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of legal principles.

2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Judgment on the Prosecutor’s misunderstanding of the legal principles

(a) No one shall provide, or express an intention to provide, or promise to provide, money, goods, entertainment or other property benefits to an elector (including a person eligible to be recorded on the electoral registry before preparing the electoral registry) or an institution, organization, or facility established and operated by his/her family member or elector or his/her family member, for the purposes of an election campaign;

The defendant, around December 23, 2014, issued KRW 1 million in cash to E at a church in the OO convalescent Hospital consisting of this adviser, the pro-friendly E (tentative name) of the members of the FF agricultural cooperatives AA (tentative name) in the Z in Thai-gun, Thai-gun, Thai-gun on December 23, 2014, stating that "the defendant would not attend the church to leave the church and would give one million won to the members who are enrolled in the AB church because they do not know of them."