The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

With respect to the misconception of facts and the misapprehension of legal principles, the court below found the defendant guilty of delivering destroyed gift sets to J, but found the defendant not guilty only of delivering destroyed gift sets to B composed of the same goods in the same opportunity.

Article 16 of the Regulations on Entrusted Elections by Public Organizations, etc. limits the scope of "act of offering courtesy gifts which are not considered as a contribution act" to 30,000 won, so the act of offering gift gifts equivalent to 40,000 won constitutes a contribution act.

The punishment (fine 3.5 million won) imposed by the court below on the grounds of unfair sentencing is too uneasible and unfair.

Judgment

As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to readily conclude that the act recorded in this part of the facts charged by the prosecutor alone constituted a prior contribution act beyond the scope of courtesy act based on the social status of the Defendant and B.

The following facts and circumstances acknowledged by the record are as follows: ① A was a member of the SA and was in the position of the president of the SA; ② the branch of the RA and the SA, the president of the RA, and the president of the RA have given and received certain gifts, such as shampoo and shampoo, and shampoo and ampoo; ② also delivered gifts to the Defendant without knowing that he was given a destroyed gift set by the Defendant (in conclusion, it is not clear whether he was given a shampoo and ampoo, which was delivered a destroyed gift set; ③ the Defendant did not send a destroyed gift set to B but did not know the fact that he received a gift set from the Defendant; ④ The destroyed gift set of this case was equivalent to KRW 40,00,00,000.