A defendant shall be punished by imprisonment for not less than five months.

Criminal facts

On January 14, 2016, the Defendant registered “O” for the purpose of conducting a public opinion poll for the 20th National Assembly member elections in Incheon, and conducted a public opinion poll after registering the “AW” in the Gu and America on February 12, 2016.

1. Where a public opinion poll on an election is conducted, anyone shall select those to be polled capable of representing the whole strata of relevant objects of investigation;

Nevertheless, the Defendant did not select those to be polleds so that they can represent all the classes of the subject matter of investigation by conducting a public opinion poll using the telephone numbers provided by the specific preliminary candidates as follows.

On January 18, 2016, the Defendant received 62,00 telephone numbers received from the above AY, which were kept by the 20th member of the 20th National Assembly M political party, Gu City, Si, AX preliminary candidate, and conducted a public opinion poll on the Gu, Si, X constituency from January 18, 2016 to the 20th member of the same month.

B. On February 4, 2016, the Defendant received 77,000 telephone numbers from volunteers BB of the election office of the 20th National Assembly member Mparty MUX election campaign office, a preliminary candidate for the Gu and Si/Gun/Gu election district of the 20th National Assembly member, and conducted a public opinion poll on the Gu and Si/Gun/Gu election campaign from February 4, 2016 to the 5th day of the same month.

2. No one shall publish or report the results of a public opinion poll on election.

Nevertheless, the defendant above 1-A.

Although there are 475 cases of actual completion of investigation in the primary public opinion poll for the Gu, the case number of actual completion of investigation is 1,320.