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

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

Punishment of the crime

No one shall publish or report the results of a public opinion poll on election in a distorted manner.

Nevertheless, at around 17:50 on March 20, 2020, the Defendant arbitrarily fabricated the screen of the public opinion poll using a computer program and posted it on the screen of the above candidate’s photographed by marking “F belonging to the E Party and H H belonging to the G Party,” which was sent to the candidate for the National Assembly member in the region “D” at the time. However, the Defendant: (a) arbitrarily fabricated the screen of the public opinion poll by stating “F 47.5 and H 41.9” on the image of the above candidate’s photographd on the Internet using the computer program; and (b) posted it on the screen.

As a result, the Defendant distorted the result of the public opinion poll on election.

Summary of Evidence

1. Application of the Act and subordinate statutes to the Defendant’s legal statement statement report (in addition to a statement of fact by witnesses J) [including “one copy of the introduction data on the National Assembly F website” attached] (including “one copy of the attached document on the results of a public opinion poll”) , the accusation document (including “one copy of the attached document on the Kakao Stockholm dialogue (the results of a public opinion poll)]; and

1. Article 252 (2) and Article 96 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Selection of Fines;

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 of three million won to twenty million won;

2. The scope of the recommended punishment according to the sentencing guidelines [the types] of the election crimes [the scope of the recommended punishment] [the publication of false facts and slandering candidates] [the scope of the punishment [the scope of the recommended punishment] and the publication of false facts for the purpose of election [the scope of the punishment] [the scope of the recommended punishment]] basic area, the fine of two million through eight million won [the crime of publishing or reporting distorted or reporting the results of the public opinion poll (Article 252(2)] shall be included in the two types, but the lowest limit of the amount of the recommended sentence of the fine in the mitigated area shall be double].

3. Determination of sentence: a fine not exceeding three million won;