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(영문) 대전지방법원 홍성지원 2014.08.21 2014고합51
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 1,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendants’ co-defendant A is a public official of Grade 6 in a separate service for viewing L viewing, who served as a civil petition for L market M, and Defendant B is a public official of Grade 6 in the above M as a public official of Grade 6 in the administration for viewing L. A.

In addition to candidates and preliminary candidates, text messages cannot be sent by means of automatic broadcast communications using computers and computer-based techniques, and the Defendants conspired to produce mobile name cards containing M’s pictures, experience, academic background, etc. and transmit them to electorates.

Accordingly, on November 2013, Defendant B prepared a mobile name in which M’s photograph, major career, academic background, etc. are written using a mobile phone application program called “propy” in the second floor Scriptive Station located in N on the early 2013, and then, around November 17:27, 2013, Defendant B connected the “aluri text service,” which is a system for the transmission of L’s text messages, using a computer, and then connects M’s mobile name using the said text transmission system.

O 7,061 items were sent to electorates at around 18:20 on the same day using the reservation delivery function.

In addition, at around 18:25 on the same day, Defendant A had access to “Aririth text service” using a computer in the “Arithic text service” room of L viewing 1st floor, and had a new mobile name of the Nrith of the text message M market linked to M’s mobile name twice using the above text message transmission system.

O 13,048 items were transmitted to electorates.

As a result, the Defendants conspired to commit an election campaign by transmitting a total of 20,109 text messages through automatic broadcast communications even though they are not candidates or preliminary candidates.

B. Notwithstanding the fact that local public officials are unable to carry out an election campaign, the Defendants conspired to enter the date and time set forth in paragraph 1(a).

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