Defendant shall be punished by a fine of KRW 900,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The Defendant was working as E’s candidate in the 7th simultaneous local elections.

No one shall distribute, post, spread, screen, or run an advertisement, letter of personnel management, poster, photograph, document, drawing, picture, printed matter, recording, video tape, and others similar thereto, which contain contents supporting, recommending, or opposing a candidate, or which indicate the name of a political party or candidate's name, in violation of the provisions of the Public Official Election Act, with the aim of influencing the election from 180 days before the election day to the election day.

Nevertheless, in order to influence D elections during the 7th simultaneous local elections, the Defendant was commissioned as a consultant of the Presidential direct regional development committee of the Do Council Chairperson, by linking the Defendant’s residence located in F on January 18, 2018, to “G” in the Internet pay text transmission site via a computer, from the Defendant’s residence located in F on January 18, 2018.

The message “ sent to 10,736 people for H election districts”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written accusation of the H Election Management Commission;

1. E’s written answer and vindication;

1. Investigation reports (verification of news articles expressing the E-ray will) and accompanying documents (Details of news articles);

1. The application of the statutes governing IP addresses to four text messages and one copy of the dispatch thereof, the details of G reply, the closure of the G website screen, G official documents, files attached to official documents, and the sending and reception of text messages;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

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. The range of punishment by law does not exceed four million won;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is in violation of the election campaign period and illegal election campaigns (violation of the method of election campaign). The basic area (7 million won to two million won) is the basic area.