beta
(영문) 인천지방법원 2013.06.18 2013고단876

업무방해

Text

Defendant

F, A, B, and E shall be punished by imprisonment for six months, by a fine of 3,00,000 won, respectively.

Defendant

C, D. D.

Reasons

Punishment of the crime

J Party and K Party agreed to implement a public opinion poll competition for the unification of candidates in the 19th general lines from March 10, 2012 from March 10, 2012. In the case of Incheon L District, according to the detailed rules for the competition of candidates in the camping districts and the decision of the management committee for the simplification of candidates in the camping districts from March 17, 2012 to 10 p.m., the public opinion poll was conducted for local voters from 10 p.m. to 10 p.m. for two days from March 17, 2012.

The specific method is that the public opinion poll was conducted in a way of 50% method and 50% method of NAS (Automatic response telephone public opinion poll), and as a result, the public opinion poll was selected as a final candidate of the K Party M candidates and J Party N candidates, and a total of 600 valid sample is recognized according to the composition ratio of the right holder, but the ASS public opinion poll was divided into 19-39, 40-59, and 60 years old, gender is divided into male and female, and the result of response exceeding the pre-consulted age-based and gender allocation is not recognized as the valid sample of the light vote.

At that time, the Defendants, who participated in, or had been supported by, the election campaign of the M candidate, anticipated that the N candidate who was relatively aware of the fact is relatively high in a large width from the competition line. At that time, the Defendants: (a) obtained a large number of phone numbers subject to ARS prior to the competition; and (b) applied a large number of phone numbers to a mobile phone number of specific party members; and (c) had each contact staff enter the ARS competition with a large number of telephone numbers and allowed each contact staff members to cast a double support vote; and (d) had the result of the ARS voting in favor of the M candidate.

Specifically, the public opinion poll shall obtain information that the public opinion poll body will engage in light of the general telephone numbers of Lan area listed on the KT Telephone Book in 2010.