Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

No one shall distribute, post, distribute, play, or run an advertisement, letter of personnel management, poster, poster, photograph, document, picture, printed matter, printed matter, recording, video tape, and other things similar thereto, which include contents supporting, recommending, or opposing a political party or candidate with the intention of influencing an election from 180 days before the election day to the election day, or which indicate the name of a political party or candidate, and have the electors issue, distribute, or demand an identification certificate, document and other printed matters, or demand a letter of identity to recommend or promise an election campaign.

Nevertheless, on December 2, 2012, the Defendant issued a letter of appointment under the name of F candidate G to the effect that “the appointment to the advisory members of the Committee on Countermeasures against Candidates G candidate for the 18th presidential election will be made to the H Committee of the Future Headquarters of the Korea Headquarters for the Future, Korea Headquarters,” and sent the above letter of appointment to 40 persons, such as I, at the office of the D Council in Seongdong-gu Seoul Metropolitan Council in 403, and E.

Accordingly, the defendant distributed the documents indicating the name of the political party or candidate in order to encourage the election campaign to influence the election in connection with the 18th presidential election.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement against the defendant;

1. A list of investigation reports (Submission of the list of persons appointed), and documents of appointment;

1. Attachment of printed materials posted on the Internet reporting the violation;

1. Application of statutes on post office receipts;

1. Article 255 (2) 5, Article 93 (1) (referring to distributing documents to affect the election) of the Public Official Election Act for facts constituting an offense; Articles 255 (2) 5 and 93 (3) of the Public Official Election Act (referring to distributing documents to solicit an election campaign);

1. The purpose of Articles 40 and 50 of the Criminal Code is to have an effect on each election with heavier levels than that of the crimes.