Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

On April 11, 2012, the Defendant was C’s volunteer who was going to the election of a member of the National Assembly in leisure B area. In the event that an election campaign is carried out by sending text messages at any time other than the election day, a person who may send text messages by means of automatic broadcast communications using computers and computer technology is restricted to candidates and preliminary candidates, and a person is not allowed to carry out an election campaign by means of information and communication, except as otherwise provided for in the Public Official Election Act prior to the election campaign period. On December 24, 2011, the Defendant visited C’s Internet site “Internet text voting” at the election campaign office in leisure-si around December 11, 201, and sent text messages at the election campaign office in order to make it possible for the Defendant to carry out an election campaign. At the same time, the Defendant sent 680 text messages, including, but not limited to, a total of 100 times prior to the election campaign period as indicated in the attached Table C (D) from around March 5, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on internal investigation (as regards the submission of data to theA):

1. Application of the Acts and subordinate statutes on the sending details of text messages;

1. Articles 256 (2) 1 (b), 59 subparagraph 2 (proviso) of the Public Official Election Act (referring to the transmission of text messages, including each sequences), and Article 254 (2) of the Public Official Election Act (referring to the transmission of text messages, including each sequences), as to facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed in a crime of violating the Public Official Election Act due to the transmission of text messages by sequence, between crimes of violating the Public Official Election Act due to prior election campaigns, and between crimes of violating the Public Official Election Act due to the transmission of text messages with heavy character of crimes);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are stipulated in the crime of violation of the Public Official Election Act 9, which is the largest number of concurrent crimes.