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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
[Duties under the Public Official Election Act] Where a person conducts an election campaign by sending text messages at a time other than the election day, he/she may send them by means of automatic broadcast communications using computers and computer-based technologies to candidates and preliminary candidates, but the number of times shall not exceed five times, and only one telephone number reported under the National Election Commission Regulations shall be used every time such text messages are sent.
An officer, employee or member of a private group, such as a alumni association, shall not engage in an election campaign in the name of the institution or organization concerned or its representative.
【Criminal Facts】
At around 14:30 on May 28, 2014, the Defendant sent text messages to 3,815, “A” with the content that “G 49.6%, H 38.1%, and I 4.4% Monobian public opinion poll results.”
Accordingly, even if the defendant is not a candidate or preliminary candidate, the defendant sent the above text message under the name of D High School as the secretary general of D High School, an executive officer or employee of D High School.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. Statement to E by the police;
1. A certificate;
1. A written accusation;
1. The details of the transmission of text messages (Internet closure screen), organizational chart, a list of members of the same page, the details of the sending of text messages by day, data storage CD;
1. Application of Acts and subordinate statutes to each investigation report (the submission of the contents of articles attached, organizational limits, and a list of members of the same family, and the result of execution of a written request for communication confirmation data) (The defendant may be deemed to have actively committed an act for the election of candidates who are the same literary in the name of D High School and the alumni Association)
1. To prohibit election campaigns of organizations under Articles 255 (1) 11 and 87 (1) 3 of the Public Official Election Act for criminal facts;
A person shall be appointed.