Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant is a member of the Daegu Military Council.

On December 19, 2012, at around 13:23, the Defendant sent a text message to D’s cell phone, an employee of “C” operated by the Defendant, “C,” stating “C,” and then instructed D to send such text message to the persons entered in the Defendant’s telephone number book, and around 13:57 of the same day, D sent such text message to the Defendant’s 630 cell phone, including G telephoneH, at the “C” office located in Daegu-gun MilitaryF, and then sent such text message to the Defendant’s 630 cell phone, including G phone H.

Accordingly, the Defendant conspiredd with D to carry out an election campaign for the 18th presidential election candidate E on the election day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A written answer to D;

1. The application of Acts and subordinate statutes to one copy of text message, each communication confirmation data notification (SKT), each communication confirmation data inquiry (SKT, KS), each investigation report (verification of the route of sending text message after the opening of the text message website, the submission of text message to confirm the route of sending text message, the submission of text message to the witness D, the other party to the transmission of text message), four copies of text message, and text message output;

1. Article 254 (1) of the Public Official Election Act and Article 30 of the Criminal Act concerning criminal facts;

1. Articles 70 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 a fine not exceeding 6 million won;

2. Scope of recommended sentences according to the sentencing guidelines [type of crime] election crimes, violation of the election campaign period and illegal election campaigns, and Type 1 (Violation of the election campaign period): Where election day is imminent (where an election campaign is carried out on the election day on the election day in a manner that is not allowed even within the original election campaign period): Reduction element].