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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a volunteer of Gosung-gun C who intends to run for a special election of the Gyeongnam-do Governor that was conducted on December 19, 2012.
1. No person who violates the prohibition against establishment of similar institutions shall newly establish or install an election promotion committee, supporters' association, research institute, counseling center or resting place, regardless of the name thereof, or any similar institution, organization, organization, or facility, for a candidate or a candidate, other than an election campaign office or election campaign liaison office provided for in Article 61 (1) and (2) of the Public Official Election Act;
On September 1, 2012, the Defendant leased an office of 275.55 square meters of the 4th floor of the building in Changwon-si, Changwon-si, by December 31, 2012, with a deposit of KRW 10 million until December 31, 2012, and installed five computer units, ten telephone units, and text messages transmission systems at the above office.
Then, from September 17, 2012 to September 17, 2012, the Defendant: (a) had E and F, volunteers, engage in EX-related activities, which classify 182,304 telephone numbers of 16 groups, such as members of the Cpan club, by group; and (b) had E transmit 124,042 text messages to request C to support by the Gyeongnam Do Governor by using automatic broadcast communications, etc. between September 21, 2012 and October 3 of the same year; and (c) established and operated an organization similar to the election campaign office, for C for which the Defendant wishes to become a candidate for the Gyeongnam Do Governor by means of automatic broadcast communications, etc.
2. A violation of the prohibition of distributing documents by unlawful means and the election campaign period shall include the contents of supporting and recommending a candidate or a person who intends to become a candidate, or the name of a candidate or a person who intends to become a candidate, in order to influence the election from 180 days before the election day (in the case of a special election, the time when the reason for holding the election becomes definite) to the election day.