beta
(영문) 대전지방법원 2013.05.30 2013고합152

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 800,00, and by a fine of KRW 1,500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

A person, other than a candidate and a preliminary candidate, shall not, where he conducts an election campaign by transmitting text messages at a time other than the election day, send them by means of automatic broadcast communications utilizing computers and computer-based technologies, and no one shall communicate by mail, transfer, or telephone, or other means of telecommunication with a name, name, or status contrary to the truth, with the intention of getting elected or getting another person to be or not to be elected.

Defendant

B, on December 2, 2012, even though there was no delegation from D Meeting, B requested Defendant A, an advertising business operator, who had been aware of the preceding day at the F Hotel 1st floor coffee shop located in Daejeon Sung-gu, Daejeon, to send a text message that supports the H candidate I for the 18th presidential election. On December 3, 2012, the following day, Defendant A’s cell phone “I am out. I believe that I am son was able to establish I candidate for the Republic of Korea. I believe that I am son and I am for the Republic of Korea. I am to request the new Republic of Korea and Japan to provide several active support meetings in order to define the 18th presidential election and to establish a nation’s peace.”

On December 12, 2012, Defendant A sent the above text message from Defendant B at the office of the K corporation, which is located in the Daejeon Seodong-gu J. 117, at the same time, by linking the “locks” site of cans and media, which is the sending company, to the “locks of text messages,” and simultaneously transmitting the text message at the mobile phone number of 17,372 visitors listed in the above G list.

Accordingly, the defendants are not candidates or preliminary candidates but automatic broadcast communications.