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(영문) 전주지방법원 군산지원 2020.01.10 2019고단1031

공공단체등위탁선거에관한법률위반등

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A fine of KRW 300,000 shall be decided with respect to a violation of the Commissioned Election Act by public organizations, etc. holding Defendant.

Reasons

Punishment of the crime

1. The Defendant, who violated the Commissioned Election Act by public organizations, etc., is the director of the claim management team at the same time, and C is a person who was elected as a candidate for the election for the president of the association head office B implemented on March 13, 2019 by the president of the association head office B.

No one shall conduct an election campaign in any way, except in cases where a candidate conducts an election campaign using an election campaign bulletin, campaign poster, shoulder belt, lock belt, props, telephone, information and communications network, name tag, etc.

No executive or employee of an entrusting organization shall engage in any election campaign taking advantage of his/her status.

Nevertheless, in order to prevent the Defendant from winning the above C,

A. On February 16, 2019, the head of the B Union C, which was sentenced to a fine of three million won (one instance) due to the violation of the Election Act, posted a banner under the name of the E Trade Union, stating that “The head of the B Union C, who was sentenced to a fine of three million won (one instance) due to the violation of the Election Act”.

B. Around February 18, 2019, through “F” located in the vicinity of the Jeonju City and below, 3,616 members, G members, etc. of the cooperative, including BF, sent to 3,616 members, “the head of the cooperative C, who has been sentenced to a fine of three million won equivalent to the forfeiture of the position of the president of the cooperative due to a violation of the Election Act (the first instance judgment),” as the title “C head of the cooperative is preparing for the withdrawal of 3/13 election, but a fine of 1 million won or more, becomes final and conclusive by the Supreme Court, the election of the president may be re-election, and the monetary damage, personal history, and reputation of B, may occur.”

Accordingly, the defendant carried out an election campaign even though he is not a candidate, and carried out an election campaign using his status.

2. A person who receives personal information from a personal information manager in violation of the Personal Information Protection Act, other than the purpose of receiving such personal information;