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(영문) 인천지방법원 부천지원 2013.04.19 2013고합33
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Anyone recognizes the above purpose only for the violation of the Public Official Election Act as of October 28, 201 among the facts constituting the crime listed in the annexed crime list for the purpose of publication or report. On February 29, 2012, a violation of the Public Official Election Act due to a violation of public opinion poll methods after the revision of the Public Official Election Act does not require the above purpose.

Where a public opinion poll on an election is conducted, the name, address, or telephone number of institutions or organizations conducting the public opinion poll, and the identity of an inquiring person shall be revealed or publicized to those polled, and when anyone discloses or reports the results of public opinion poll on an election, he/she shall also announce or report the name of the client, institution or organization of the public opinion poll, method of selecting those polled, size of samples (including the size of samples of age, comparison rate, response rate, contents of questions, methods of correcting errors in the size of samples of the investigated age group or gender, etc.

Nevertheless, at around 02:27, May 23, 2012, the Defendant entered the voting preliminary candidates, such as preliminary candidates E,F, and G, in the 18th presidential election, into the voting bulletin board of the online game “C2 site” on which the Defendant is an employee. The Defendant failed to disclose to those to be polled the name, address, or investigator of the public opinion regarding the election, such as the support rate for the preliminary candidate, by November 8, 2012, without disclosing to those to be polled the name of the public opinion poll organization, organization, telephone number, or identity, and thereafter, failed to indicate to the effect that the aforementioned online game site’s members included 51.72%, E. 34.48%, 384, 201, as the result of the Defendant’s selection of the aforementioned preliminary candidate from among the above preliminary candidates, with the content of automatic error of 18th presidential candidate E, E., or G. 2015.

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