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(영문) 울산지방법원 2019.01.18 2018고합264

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a general member of the “C district Housing Redevelopment and Improvement Project Association” with lots of land outside Jung-gu, Jung-gu, Ulsan Metropolitan City, and 1,767, and was not a candidate or preliminary candidate in relation to the 7th national local election conducted on June 13, 2018.

A person who is not a candidate or a preliminary candidate shall not conduct an election campaign by transmitting text messages by means of automatic broadcast communications ( even where the number of persons subject to the same time exceeds 20 persons or where the persons subject to the same time are not more than 20 persons, and they are automatically selected and transmitted through a program).

Nevertheless, at around 14:27 June 8, 2018, the Defendant requested the members of the said association to send text messages containing the election campaign information to 1 and 443 members of the said association by using the word “lina”, which is the Internet text transmission site, to the members of the said association, who are employees of the said association, within the office of the said association. On June 13, 2018, the Defendant made a clear choice from the members of the local election management association, and at the same time it is time to determine which candidate is fit for the housing redevelopment improvement project. The F Party No. 1: the F Party will implement an urban regeneration project rather than the Housing Redevelopment Improvement Project. 2: G Party requested the members of the said association to send text messages containing the election campaign information that is currently promoted, to the members of the said association.

Accordingly, although the defendant is not a candidate or a preliminary candidate, the defendant sent text messages by means of automatic broadcast communication and carried out an election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to letter messages sent to partners and each report on internal investigation;

1. Article 256 (3) 1 (b) of the Public Official Election Act concerning criminal facts and Article 256 (3) 1 of the same Act concerning the selection of punishment.