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(영문) 제주지방법원 2013.04.19 2013고합30
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From July 13, 2012, the Defendant was in charge of the duties of the Secretary General of the C Party from around July 13, 2012 to the present date, and was a person who, during the 18th presidential election campaign period implemented on December 19, 2012, carried out an election campaign for the E candidate at the general situation room of the C Party Election Countermeasures Committee during the 18th presidential election period.

1. A person who is not a candidate or preliminary candidate for violating various restrictions shall not transmit text messages by means of “Automatic broadcast communications” utilizing computers and computer technology, where he/she conducts an election campaign by sending text messages at a time other than the election day;

Nevertheless, at around 10:00 on December 12, 2012, the Defendant entered into a contract for forwarding text messages with the representative G of the F Company at the office of the above D Party on behalf of the C Party, and made G enter into a contract for forwarding text messages with G on December 16, 2012 by using computers at the F Company office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul on December 16, 2012, and sent them by means of an automatic broadcast communication with the designated holders of the right to vote, “No. 2 E”, “No. 104,252.”

2. No person shall communicate by mail, transfer, telephone, or other means of telecommunication with a name, denomination, or status contrary to the truth, with the intention of making another person win or lose his name, etc. by means of false indication; and

Nevertheless, for the purpose of getting the 18th presidential election C candidate E to be elected, the Defendant had G transmit text messages at the above time and place, and had the sender falsely indicate the name and status of “No. 2 E” in order to show that the sender was the E candidate.

3. Any person who transmits the election campaign information in any manner, shall take necessary measures so that any receiver does not bear the telephone charges and other financial expenses incurred in rejecting any receipt thereof; and

Nevertheless, it is not appropriate.

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