2. B:

However, the execution of each of the above punishment against the defendants is suspended for two years from the date this judgment became final and conclusive.

Defendant A is the president of the "○○", who is a call center company that employs a telephone counselor and carries out the business of issuing mobile phone orders on behalf of the home shopping, and Defendant A is the person who works for the head of the above "○" fund.

1. Violation of prohibition of offering any profit related to the election campaign;

Except as provided for in the Public Official Election Act, no one shall provide, express an intention to provide, or promise to provide money, goods, or other benefits in connection with an election campaign regardless of the pretext such as allowances, actual expenses, or compensation for volunteers.

Nevertheless, on June 4, 2014, the Defendants: (a) carried out the 6th nationwide local election on June 4, 2014, the Defendants: (b) had the persons related to the election office, such as the Director-General B, and C, who are the head of the election team in charge of the organization and expenditure of the election campaign office of the candidate candidate who is the head of the organization team at the election campaign office of the new Security Union Daejeon Daejeon Daejeon Metropolitan City Mayor; and (b) had the telephone campaign workers mobilized the telephone promotion system facilities at the election campaign office, and had the telephone campaign workers file an appeal for the support of the candidate for the right selection; and (c) have the telephone campaign workers pay 70,000 won per day to the election campaign workers.

Accordingly, in collusion with the above A, B, and C, from May 22, 2014 to June 3, 2014, the Defendants installed the cost of telephone publicity system theory, such as 60 telephone calls, at the election campaign office located in the Daejeon Seo-gu, Daejeon, and 15 staff members of 'O' and 8 members, such as D directly recruited at the election campaign office for right selection, including the above A and C, to approximately 394, 867 members from around 182, 467 members among them, and to support the candidate's right of publicity prepared in advance, and the Defendants paid 90 members for 20 days and 30 days in addition to the attached list.

Accordingly, in collusion with the above A, B, and C, the Defendants provided a total of KRW 32,948,00 in connection with the election campaign for the right choice candidate.

2. Submission of false materials concerning the investigation of election crimes; and

No person shall, upon receiving from the election commission the demand to submit the data required for an investigation on election crimes, refuse to comply therewith or submit a false data.

Nevertheless, on July 7, 2014, Defendant A requested from the Daejeon Metropolitan City Election Commission Election Commission to submit data verifying the personal information of the persons who performed the telephone campaign and the details of various allowances paid to them, as described in the above paragraph 1, Defendant A and the election campaign office for the candidate for the right selection was named A, the head of the election campaign team for the candidate for the right election campaign office, and the candidate for the right selection was to produce false data as if they were not related to the payment of illegal telephone campaign allowances.

Defendant A, in collusion with the above Gap on July 10, 2014, eight elections, such as D directly recruited by the election commission of the Daejeon Metropolitan City, Daejeon, Daejeon, on July 10, 2014, at the election commission of the Daejeon-gu, Daejeon, the election commission of the 713th election commission.

The details of the payment of telephone promotion allowances to athletes were deducted and paid telephone promotion allowances to ○○ employees mobilized for telephone promotion, but as if they were engaged in telephone promotional activities through volunteer service, and submitted data stating only the details of payment of money to some of the part-time members of daily wage collected through Internet advertising.

As a result, Defendant A submitted false data in collusion with the above A to the election commission in relation to the investigation of election crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant E’s legal statement

1. A protocol concerning the examination of each prosecutor's office concerning C, D, etc.;

1. Statement of each prosecutorial statement concerning F, etc. by the prosecution;

1. Each written confirmation of G, etc.;

1. A statement of H;

1. Each investigation report (the attachment to photographs of TM offices held by the elective election campaign office, and the name of "election short-term information";

Provided, That the whole of telephone campaign workers stored in B'PC by the suspect B

Documents on the details of payment of lists and allowances shall be attached.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

A. Defendant A: Articles 230(1)4 and 135(3) of the Public Official Election Act, and Article 30 of the Criminal Act

Article 256(5)12 of the Public Official Election Act (the fact of offering money and valuables related to election campaign, the choice of imprisonment),

Article 272-2(3), Article 30 of the Criminal Act (Presentation of False Data, Selection of Imprisonment)

B. Defendant B: Articles 230(1)4, 135(3) and 30 of the Public Official Election Act, and Article 230 of the Criminal Act

(Selection of Imprisonment)

1. Aggravation of concurrent crimes;

(a) Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the most punishment and punishment)

An election campaign for public officials due to the provision of money or goods related to an election campaign listed in No. 37 of the hot crime sight table.

Aggravation of concurrent crimes in violation of the Act

(b) Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the largest of the circumstances of crimes)

Punishment of Concurrent Crimes (Aggravation of Concurrent Crimes) prescribed in the Public Official Election Act in 37 Table No. 50

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing)

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than seven years and not more than six months for each of the Defendants;

2. Application of the sentencing criteria;

(a) A violation of the Public Official Election Act due to the provision of money or goods related to each election campaign;

[Scope of Recommendation Form] Purchase and Understanding Inducement Form 2 (General Purchase)

[The scope of final sentence due to the aggravation of multiple offenses] from April to October 1

B. Sentencing Criteria for the violation of the Public Official Election Act due to submission of false materials to Defendant A

The Public Official Election Act due to the provision of money or goods related to each election campaign is not established;

The sentencing criteria for anti-crimes shall be based on the lower limit of the range of sentence.

3. Determination of sentence;

○ Defendant A: Imprisonment with prison labor for 10 months and 2 years of suspended execution.

○ Defendant B: Imprisonment with prison labor for six months and two years of suspended execution.

Each of the crimes of this case is to provide money and valuables of 62,948,00 won to 62 election campaigners who conducted telephone publicity in collusion with persons related to the election campaign office for the selection of candidates for the presidential exhibition, and in this regard, Defendant A submitted false data to request the election campaign committee to submit data for investigation of election crimes. In particular, the legislative intent of Article 230(1)4 of the Public Official Election Act is to prevent election campaign workers from being engaged in an election campaign for the purpose of benefit if benefits such as money not permitted by the Act, etc. are provided to election campaign workers, and ultimately making it difficult to conduct an official election. The Defendants’ criminal acts are serious damage to the legislative intent of the Public Official Election Act, and their punishment is heavy. However, the Defendants’ act is against the beginning of each of the crimes in this case; Defendant A’s initial motive for engaging in the crime in the election campaign office; Defendant A’s election campaign and/or employees of the same kind of circumstances; and Defendant A’s motive for engaging in the crime in the election campaign.

Judges Cho Jong-soo

Judge Choi -