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Defendant
A and B shall be punished by imprisonment for one year, and by imprisonment for six months, respectively.
Defendant
A 3.5 million won.
Reasons
Punishment of the crime
Defendant
B is a preliminary candidate for the Seoul L constituency M political party in the 20th National Assembly election conducted on April 13, 2016. Defendant A is the N Central Data Collection Headquarters, Defendant C is the head of the O Center, a public opinion poll company.
1. Defendant B’s candidate shall not offer money, valuables, entertainment, or other benefits to a person who edits, gathers materials, writes, or reports a broadcast, newspaper, communication, magazine, or other publication in connection with a report on an election;
Nevertheless, on February 2016, Defendant B provided KRW 2 million in cash at the National Assembly members' hall located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the effect that Defendant B fabricated the results of the 20th National Assembly members' election campaign in favor of A and reported to the press in favor of Defendant B, and provided KRW 1.5 million in cash in the same name at the National Assembly members' hall located in Yeongdeungpo-gu, Seoul.
As a result, the Defendant provided a total of 3.5 million won to a person who edits, gathers materials, writes, or reports a broadcast, newspaper, communication, magazine, or other publication in connection with a report on an election.
2. A person who edits, gathers materials, writes, or reports a broadcast, newspaper, communication, magazine, or other publication of Defendant A shall not receive money, valuables, entertainment, or other benefits in connection with a report on an election;
Nevertheless, at the same date and place as described in paragraph (1) above, the Defendant 2 received KRW 3.5 million through two times to the effect that he fabricated the results of the 20th National Assembly members’ election campaign in favor of B and reported to the media.
As a result, the Defendant received money of KRW 3.5 million in total from the candidate in relation to the report on the election.
3. Joint crimes committed by the Defendants
(a) Where a person who violates methods of public opinion poll conducts a public opinion poll on election, he/she shall select those to be polled capable of representing the whole strata of the relevant objects of poll;
Nevertheless, on February 11, 2016, Defendant B conducted a public opinion poll related to the election of the 20th National Assembly members on February 11, 201.