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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who was elected as the head of the Eagricultural Cooperative Association at the first time in March 11, 2015, which was implemented on March 11, 2015.
Election campaigns may be conducted only from the day following the deadline for the registration of candidates to the day before the election day.
Nevertheless, the Defendant, at around 09:10 on March 11, 2015, visited the Defendant’s house located in the Defendant’s house located in Young-gu, Young-gu (www.skyms.co.krr) and then entered the text message into the text message entry column “the number of union members is equal to the election day.” He sent it to 1,392 union members (all union members 1,499).
As a result, the defendant made an election campaign by sending text messages to EF members, under the pretext of encouraging voting, when it is not an election campaign period.
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation;
1. As to the Defendant’s assertion of the Lancheon National Assembly, the Defendant stated that Article 58-2 of the Public Official Election Act allows all persons, including candidates, to participate in voting, and exceptionally prohibits participation in voting. This may also apply to the nationwide simultaneous elections. The text message sent by the Defendant on the day of election is merely encouraging voting, and thus, the sending of such text message does not constitute an election campaign.
However, an election campaign refers to any act that is necessary for or favorable to the success or defeat in an election and that can be objectively recognized by the intention of promoting the success or defeat in the election, and the act of sending text messages to the members of the association on the day of the election to encourage them to cast their votes by specifying their names.
Application of Statutes
1. Entrusted elections such as relevant legal entities or public organizations, etc. concerning criminal facts;