beta
(영문) 의정부지방법원고양지원 2020.08.25 2020고합148

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 900,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who was registered as a preliminary candidate for a "C constituency" of a local constituency in the 21st National Assembly election, and is a member of the E organization, an E organization, a E organization, and Defendant B is the chairperson of the above E organization.

An institution or organization (including its representative, officers, employees or members) corresponding to a private group of individuals, such as a native folks society, relatives' society, alumni association, alpine society, etc., or fraternity group, shall not carry out an election campaign in the name of the institution or organization concerned or in the name of its representative.

Nevertheless, on February 2020, Defendant B proposed that Defendant B sent to Defendant A, “I would like to attract members of E organizations because I are driving ahead of the light,” and Defendant A accepted this.

Accordingly, at around 11:00 on February 3, 2020, Defendant B prepared a text message stating “I am YY E Organization Chairperson B” using a mobile phone from the principal’s office in Gyeyang-gu Incheon, and sent it to Defendant A’s mobile phone, after entering the election of the National Assembly member at this time with the thickness of the A member. Party G is a D party, and the region is a regional constituency. Political views may differ from each other, but for long time, I think I would like to memory A candidate who is a member of the E organization and has made many efforts for the club. I will audit. B. The President of the E Organization Chairperson B,” and sent it to Defendant A’s mobile phone.

On February 3, 2020, at the election office located on the seventh floor of the J building, Defendant A continuously transmitted the message so transmitted to the above E organization’s member 300 cell phones using the “K”, which is the election text transmission system.

Accordingly, the Defendants conspired to carry out an election campaign in the name of the representative of the same E organization.

Summary of Evidence

1. On January 1, 201, the Defendants’ report on the search and seizure of their respective legal statements (Evidence Nos. 9, 20, 23).