208Gohap164 Violation of the Public Official Election Act

A, Election Campaign Manager

X

May 20, 2008

A defendant shall be punished by a fine of 2,500,000 won. If the defendant does not pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 60,000 won into one day: Provided, That the fractional amount shall be one day.

To order the defendant to pay an amount equivalent to the above fine.

Criminal facts

The defendant, who was registered as the election campaign manager of the preliminary candidate C of the preliminary candidate B of the 18th National Assembly election district, which was held on April 9, 2008, for the 18th National Assembly member, was registered as the election campaign manager of the preliminary candidate B of the election district. No one may distribute or post an advertisement, document, or other similar things which contains contents supporting, recommending, or opposing a political party or candidate's name from 180 days prior to the election day to the election day, or which indicates the name of a political party's name or candidate's name before the election campaign period is not made in a way other than that provided for in the Public Official Election Act. However, at the above C election campaign office located in the 17:37th day of Jan. 7, 2008, the defendant sent the name of "M using a computer installed at that place to influence the election of the above National Assembly member," and at the same time, sent the name of the defendant to the 30th National Assembly member of the 30th election campaign party, including the 4th election campaign bulletin.

Summary of Evidence

1. Defendant's legal statement;

Application of Statutes

1. Article applicable to criminal facts;

Articles 255(2)5 and 93(1) of the Public Official Election Act (the violation of the Public Official Election Act due to the distribution of documents, etc. by the method of evasion) and Article 254(3) of the Public Official Election Act (the prior election)

1. Commercial concurrence and the selection of a punishment;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Public Official Election Act in which text messages are sent to Nonindicted Party E with the largest criminal penalty, and text messages are distributed by unlawful means)

1. Selection of punishment: Selection of a fine;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

The presiding judge, the senior judge

Judges Nationwide

Judges Shin Jae-sung