The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 800,000) is too unhued and unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized the instant crime; and (b) the Defendant has no record of criminal punishment, except for those sentenced to a fine once due to a different type of crime.

However, on the other hand, the instant crime was sent by the Defendant, as the chief secretary of the election affairs of the candidate for the 21st National Assembly election, a letter message that solicits 384 people in the constituency to respond falsely to the public opinion poll in the course of the competition of the relevant political party to which the candidate belongs.

A public opinion poll is important to ensure objectivity and reliability of the procedure or method of the public opinion poll in the competition of the party.

In particular, according to the provisions on the competition examination and competition method of the candidate for the National Assembly member of a political party to which the relevant candidate belongs in the 21st National Assembly member, if the gap between the first and the second candidates is not less than 20% as a result of the public opinion poll, the first candidate was immediately elected (the so-called "self" of the said candidate), even if the gap is less than 20%, and even if the gap is less than 20%, the results of public opinion poll in the total public examination were in charge of 40%.

Nevertheless, as a result of the Defendant’s committing the instant crime, the result of the public opinion poll was distorted to affect the right decision-making or judgment of the candidates, thereby impairing fair competition order.

In addition, the crime of this case is a good thing in light of the method of crime, such as specifying the method of responding to the candidate's false response along with the request for support for a specific candidate, distributing a large amount of text messages on the day of the public opinion poll so that the effect of the crime can be displayed to the maximum extent.

B. The Defendant, as the chief executive officer of the relevant candidate, is the head of the Si/Gun/Gu before committing the instant crime.