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(영문) 서울중앙지방법원 2016.11.04 2016고합843

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 the representative director of D Co., Ltd. which is a public opinion poll company.

No institution or organization conducting a public opinion poll that has been provided with safe numbers for the purpose of conducting a public opinion poll for competition within a political party shall provide safe numbers it has received to other persons.

On March 1, 2016, the Defendant was selected as a competition public opinion poll company of a political party E for the election of candidates for the 20th National Assembly member on March 1, 2016, and around March 10, 2016 and around two times, around March 11, 2016, the Defendant provided (1) number 89,99 inside the 4 constituency, such as F, G, HI, and JK, provided to E political parties for the above competition public opinion poll on two occasions, and (2) requested M, who is an employee of the above company, to provide them to N, and around that time, sent the above safe number to N, N, P, Q, and R, who is an employee of the company, by e-mail, at the direction of the Defendant.

Accordingly, the Defendant provided safe numbers from E political parties to others for the purpose of public opinion poll.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the suspect about S, T, M, U, P, andO;

1. V에서 보낸 이메일 화면(첨부자료: 조사지역 안심번호 엑셀파일), V 조사지역 안심번호 이메일 화면, 용역계약서[(주)D↔(주)N)], 이메일 화면 출력, ㈜D이 N에 발송한 안심번호 관련 메일, CD(위 각 메일에 첨부한 첨부파일 , 메일 송수신내역 법령의 적용

1. Article 256 (1) 2 and Article 57-8 (9) 2, (8), (5), and (1) of the Public Official Election Act concerning criminal facts; selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 6 million won;

2. Determination of sentence: A fine of two million won shall apply to a safe number that a defendant has received for the purpose of public opinion poll in a political party after entrusting the affairs of public opinion poll in another public opinion poll institution.