The judgment of the court below is reversed, and the case is remanded to the Daejeon District Court Panel Division.

1. The prosecutor's appeal is examined.

In full view of the circumstances indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there is no evidence to acknowledge the violation of the Political Fund Act by making contributions to organizations related to the instant facts charged.

Examining the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “funds related to corporations or organizations” under Article 31(2) of the Political Fund Act, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor filed an appeal against the guilty portion, but did not state the grounds for appeal in the petition of appeal, and did not state the grounds for appeal in the petition of appeal.

2. The decision shall be made ex officio;

A. Of the facts charged in the instant case, the lower court upheld the first instance judgment convicting the Defendants of the contribution of political funds to a political party that is not entitled to receive any contribution of political funds by applying Article 45(1) of the Political Funds Act, as it is, by applying Article 45(1) of the Political Funds

In this regard, the Constitutional Court rendered a decision inconsistent with the Constitution that “The provisions concerning Article 6 of the former Political Fund Act (amended by Act No. 8880 of Feb. 29, 2008, and amended by Act No. 9975 of Jan. 25, 2010), Article 6 of the Political Fund Act (amended by Act No. 9975 of Jan. 25, 2010), and Article 45(1) of the Political Fund Act (amended by Act No. 8880 of Feb. 29, 2008), “The provisions concerning Article 6 of the “other methods than those prescribed by this Act” are inconsistent with the Constitution, and “The provisions concerning each of the above shall continue to apply until the legislative amendment was made by the legislative deadline of Jun. 30, 2017,” and Article 45(1) of the Political Fund Act (amended by Act No. 13688, Dec. 36, 2015).