Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

From April 17, 2017 to May 8, 2017, the Defendant, a candidate for the 19th presidential election, provided support for oil tax using G freight cars owned by the Defendant in the F constituency of the candidate CD party E, a candidate for the 19th presidential election.

No one shall carry out an election campaign using a recorder or video recorder during the election period, without being governed by the provisions of the Election of Public Officials Act.

Nevertheless, the Defendant, on April 22, 2017, 06:20 around 06:20, based on a tape recorder and video camera attached to a floating vehicle from the I blind distance, which was located in the Gu Council-si H, and included the above promotional video.

As a result, the defendant did not follow the provisions of the Public Official Election Act but carried out an election campaign using a recorder and video recorder.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to the J, K, and the defendant;

1. Report on internal investigation (including the review of parliamentary traffic maps and CCTV images), and report on internal investigation (including the verification of a list of election clerks in F local constituency, and accompanying materials);

1. Application of the Acts and subordinate statutes to two CDs of CCTV images around L basin M, and one CD of video images of a mobile phone submitted by the reporter J;

1. Article 255 (2) 6 and Article 100 of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: Not more than 4 million won;

2. Persons to be mitigated [the scope of recommended punishment] on the sentencing guidelines [the scope of punishment] and the scope of punishment [the scope of recommended punishment] on the grounds that the degree of violation of the methods of election campaign is minor, where the recognition of illegality is significantly weak [the scope of recommended punishment] on the grounds that the special mitigation area, fine 250,000 won to 90,000 won.

3. Determination of sentence: A criminal act in this case with a fine of KRW 300,000,000, by a defendant, using a recorder or video recorder in contravention of the Public Official Election Act, shall be fair in election.