1. The judgment below is reversed.

2. Defendant A shall be punished by a fine of KRW 5,00,00, and Defendant B and C shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Defendant B (Defendant B and C) provided money and valuables (one million won) to the representative L, according to his own judgment, and Defendant B did not request the above money and valuables to Defendant A or conspired to offer money and valuables. Nevertheless, the lower court determined that Defendant B and Defendant A provided money and valuables to Defendant A by collusion. The lower court erred by misapprehending the above facts, which affected the conclusion of the judgment. (2) Defendant C received and stored KRW 2830,000 from Defendant B by requesting the custody of cash from Defendant B, and did not receive the above money and valuables in return for illegal solicitation in relation to the election of a standing director.

Nevertheless, the court below determined that Defendant C received money and valuables in return for election campaign in relation to the election of a standing director, and the court below erred by misapprehending the facts and adversely affecting the judgment.

B. The lower court’s sentence (Defendant A: 6 months of imprisonment, 2 years of suspended execution, 8 months of imprisonment, 3 months of imprisonment, 8 months of suspended execution, 2 years of suspended execution) is unreasonable. 2) The lower court’s sentence (Defendant C: imprisonment with prison labor, 8 months of suspended execution, 2 years of suspended execution) is excessively unreasonable and unfair.

2. Determination

A. According to the relevant provisions of the Agricultural Cooperatives Act, anyone may not carry out an election campaign other than the methods prescribed in Article 50 (4) 1 through 5 of the same Act in relation to the election of executive officers, and in the case of election of the president and the director and auditor, an election campaign may be carried out only by distributing the public register of the election (Article 50 (4) of the same Act). Notwithstanding the above provisions, in the case of election of the executive director, in the case of election of the executive director, a person may not carry out an election campaign (Article 50 (6) 2 of the same Act and in the case of election campaign in violation of the above provisions, imprisonment for not more