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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant provided money to the above residents' autonomous committee at the discretion of the Chairperson, rather than having provided money to the Do residents' autonomous committee according to the specific business plan and budget of the Do Sports Association; and (b) the Defendant, as the president of the above sports association, knew most of the residents that he will take place in the election of the president of the NAF as the president
Even if the residents recognize it as the defendant's act, and the defendant's provision of money at the time close to the election of the head of the association would have an influence on the election.
Therefore, although the defendant's offering of money to the above residents' self-governing committee cannot be deemed to constitute the offering of courtesy money as prescribed in Article 33 (1) 1 (a) of the Act on Commissioned Elections such as Public Organizations, it is erroneous in the misapprehension of legal principles that acquitted the defendant of the charges of this case on the ground that the defendant's act constitutes the provision of courtesy money as
2. Determination
A. The summary of the facts charged is that the Defendant was a candidate for the president of the Korea Amateur Athletic Association, the president of the Korea Amateur, and a candidate for the president of the EF in the simultaneous election of the president of the Korea AFF on March 11, 2015.
A person who intends to become a candidate or an institution, organization, or facility to which he/she belongs shall not make contributions from 180 days to the election day from the election day.
On October 19, 2014, the Defendant issued bags containing KRW 200,000 in cash to the members of the Residents' Self-Governing Council, which were held by the Do Residents' Self-Governing Council, 15 members, including EFF members G, and issued bags containing KRW 100,000 in cash to the members of the E Library located in the E Library in the G in the G in the G in the G in the G in the G in the G in the U in the U in the U insung City around December 19, 2014 when exercising the “J” held by the above Residents' Self-Governing Council.
In this respect.