The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of the facts charged in this case

A. The Defendant, who violated the Public Official Election Act by ordering, recommending, or inducing a false response in a public opinion poll for a party competition (hereinafter “violation of the Act on Election of Public Officials Related to Election in the Party”), is a person who was elected by going to a candidate who belongs to a F Party in the 20 constituency for the 20th National Assembly election conducted on April 13, 2016.

F. The Central Election Management Committee of a political party adopted the telephone public opinion poll in the form of “the national public-private partnership voting by an safe number” with respect to the competition at the 20th election district for the National Assembly National Assembly member, and conducted a telephone public opinion poll (hereinafter “instant public opinion poll”) with respect to at least 300 persons among the voters of the E constituency who responded to the telephone ARS answer from March 13, 2016 to March 14, 2016. According to Article 11(2) of the F Party’s 20th election Regulations for recommending candidates for the 20th National Assembly member election, the subject of “National Public-private partnership electoral team”, which is the subject of the public opinion poll relating to the F Party’s election election within the 20th National Assembly member election, limited only to “party and non-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party/party-party-party-party-party’s/party-party.

On March 11, 2016, at the Defendant’s election office located on the second floor of H building in Jeju, Jeju, around 20:00, the Defendant held the Defendant’s online appearance event to show the Defendant’s online social network service page in real time through the Defendant’s Internet news network service page. The Defendant held the above-mentioned online appearance event.