Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant was the head of E-election, who was elected after registering as a preliminary candidate for the Daegu constituency in the election of the 20th National Assembly members from around December 18, 2015 to April 1, 2016, in the election of the 20th National Assembly members from around April 13, 2016.

A person who is an election crime and is punished by a fine of at least one million won and for whom five years have not passed after his/her punishment becomes final, and a person who has no voting right shall not engage in an election campaign.

On February 6, 2015, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Public Official Election Act at the Daegu District Court on February 6, 2015, and its punishment became final and conclusive on May 8, 2015, and no voting right was held until five years elapse from that time.

Nevertheless, on December 18, 2015, from around March 30, 2016 to around March 30, 2016, the Defendant: (a) registered as the head of the election office of prospective candidates E in the election campaign office of E located in Daegu; and (b) registered as the head of the election office of E candidate from March 31, 2016 to April 1, 2016; and (c) carried out an election campaign by having persons related to the election campaign office, such as the election campaign personnel under his/her control, transmit text messages and carry out various election campaigns; and (d) had them carry out the election campaign for E by means of overall control.

Summary of Evidence

1. Statement by the defendant in court;

1. E-certification;

1. A written accusation;

1. Three copies of the appointment of A election secretary;

1. Application of the text of the Daegu District Court Decision 2014 Gohap 669, Daegu High Court Decision 2015No 153

1. Article 255 (1) 2, Article 60 (1) 3, and Article 18 (1) 3 (Selection of Punishment) of the Act on the Election of Public Officials in Charge of Crimes and Articles 255 (1) 2, 60 (1) 3, and 18 (1) 3 (Selection of Punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Scope of punishment by law: A fine not exceeding six million won;

2. Scope of the recommended punishment on the sentencing criteria [the types] [the scope of the recommended punishment] Class 2 (Violation of Methods of Election Campaign) [the scope of the recommended punishment] 70,000 won to 20 million won.

3. Determination of sentence: Imprisonment with prison labor of one million won;