Defendant 1 and two others

Stickline (prosecution, public trial)

Law Firm Mapyeong et al.

Defendant 1 (original trial: Defendant 2,00,000 won, fine of 3,00,000 won, fine of 1-A, and fine of 3,00,000 won, and fine of 1-B, in respect of Defendant 2’s crime of 1-B and 3-B as set forth in the holding, Defendant 2, and fine of 2,00,000 won, and fine of 90,00,000 won, and fine of 1-B, in respect of 3 and 4-B, as set forth in the holding, as set forth in the holding, for the crime of 1-B and 2-A as set forth in the holding, Defendant 3, and fine of 1,200,00 won, respectively, for the crime of 1-A, as set forth in the holding.

In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period calculated by converting each of the 100,000 won into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Defendant 1 was elected on June 4, 2014 while serving as the head of ○○ Gun from around July 1, 2010. Defendant 2 was a person who was serving as the head of ○○ Gun’s office from around July 1, 2012 to June 30, 2014. Defendant 3 was a person who was serving as the head of ○○ Gun’s office from around July 1, 2012 to around June 30, 2014.

1. Joint crimes committed by Defendants 1, 2, and 3

A. Violation of the Personal Information Protection Act;

A personal information manager shall provide a third person with the consent of a subject of information when it is not provided within the scope of the purpose for which the personal information is collected, and no person shall be provided with the personal information manager knowing that the personal information is provided without the consent of

On February 1, 2014, Defendant 1: (a) at the ○○ Military Office located in Chungcheongbuk-do ( Address omitted); (b) on June 4, 2014, prior to the opening of the election of ○○○○ Gun of the nationwide provincial election, Defendant 1 planned to hold a publishing commemorative meeting at the ○○ National Sports Center around March 1, 2014; (c) instructed Defendant 3 to collect the list of social organizations, etc. in the ○○○○ ○○○ Gun Office in order to secure the list of the voters who are eligible for sending the invitation letter and the list of their addresses; and (d) Defendant 3 also sent Defendant 2 the direction of Defendant 1.

Accordingly, Defendant 3 received a list of persons related to companies outside the jurisdiction (278) managed by the Ministry of Finance and Economy from February 6, 2014 to February 20, 2014, with the knowledge of the fact that the person in charge was to provide without the consent of the owner of the information. From that time to February 20, 2014, Defendant 3 received a list of 42 organizations managed by each office and department within the ○○ Military Office, such as the list of crimes in the attached Table 1, with the knowledge that the total number of 4292 organizations were to be provided without the consent of the owner of the information. Defendant 2, with the knowledge of the fact that he/she received the list of persons related to companies outside the jurisdiction from ○○ Military Office from February 6, 2014, with the knowledge of the fact that the person in charge was to be provided with the information of the owner of the information, and provided the list of persons in charge with the notification that he/she was to be provided with the list from 2014 days to 2014.

After that, around February 20, 2014, Defendant 3 and Defendant 2 sent to Nonindicted 12, who is the election campaign manager of Defendant 1, and Nonindicted 12, at the post office located in ○○-gun, a letter of invitation, the names, addresses, mail numbers of the persons subject to dispatch of the invitation letter of 4,96 persons selected as above, as well as employees of the ○○ Military Office, and attached them to the invitation letter. On February 21, 2014, Defendant 1 sent 4,996 copies of the above invitation letter to Nonindicted 12, who is the election campaign manager of Defendant 1, and Nonindicted 12.

As a result, the Defendants conspired to provide personal information without the consent of the subject of information.

(b) Violation of the Public Official Election Act;

No one shall distribute, post, distribute, play, or run an advertisement, personnel management office, poster, photograph, document, picture, picture, printed matter, recording, video tape, and others similar thereto which include contents supporting, recommending, or opposing a political party or candidate, or which indicate the name of a political party or candidate's name, in order to influence the election from 180 days before the election day to the election day.

On February 4, 2014, the Defendants conspiredd to induce support through Defendant 1’s publicity by sending a letter of invitation to a large number of electorates, including the members of various social organizations within the jurisdiction of ○○-Gun, prior to Defendant 1’s opening of the ○○ National Sports Center on March 1, 2014, prior to Defendant 1’s opening of the 6th nationwide local election, Defendant 1’s opening of the ○○ National Sports Center on June 4, 2014, and Defendant 1’s opening of the ○○ National Sports Center.

이에 따라 피고인들은 2014. 2. 중순경 출판기념회 기획사인 △△△☆☆ 을 통하여, 앞면에는 ‘피고인 1 ○○군수 출판기념회에 정중히 초대합니다. 일시 : 2014년 3월 1일(토) 오후 3시, 장소 : ○○군청 내 국민체육센터’, 뒷면에는 피고인 1의 사진과 함께 ‘모시는 글’이라는 제목으로 “대한민국의 작은 고을 ○○군수가 큰 대륙에서 태극기를 휘날리는 감동을 느꼈습니다. 지역 경제를 위한 일이라면 그 어떤 어려움도 마다하고 과감하게 뛰어 들었습니다. 군민 모두의 이익을 위하여 군정부터 변화를 시도했습니다. 이러한 일들을 틈틈이 모아 기록한 졸작을 모아 ‘(저서명 생략)’이라는 책을 발간하여 작은 출판기념회를 개최합니다. ○○을 사랑하시는 분들과 행복한 이야기를 함께 나누고자 하니 바쁘시더라도 참석하시어 자리를 빛내 주시기 바랍니다. 피고인 1 올림”이라는 내용의 문구가 기재된 출판기념회 초청장을 제작하고, 위 1의 가항과 같은 방법으로 초청장 발송 대상자 명단을 선정하여 ○○군 내 선거구민 4,996명의 주소록 명단을 만든 다음, ○○군청 비서실 및 행정실 직원들과 함께 초청장 발송 대상자의 이름, 주소, 우편번호를 뒷면이 스티커로 되어 있는 라벨지에 출력하여 초청장에 부착한 뒤, 피고인 1의 지시에 따라 위 초청장 4,996매를 피고인 1의 선거사무장인 공소외 12에게 건네주어, 공소외 12로 하여금 2014. 2. 21.경 위 초청장을 선거구민 4,996명에게 발송하도록 하였다.

As a result, the Defendants conspired to send 4,996 invitation letter containing Defendant 1’s name, photograph, and promotional expressions of military administration in order to influence the election.

2. Violation of the Public Official Election Act by Defendant 1

A National Assembly member, local council member, head of a local government, representative of a political party, candidate (including a person who intends to become a candidate) and his/her spouse shall not make contributions to a person, institution, organization, or facility in the relevant constituency or a person, institution, organization, or facility having relations with the electorate even if it is outside the relevant constituency.

On March 26, 2014, the Defendant made a contribution act of KRW 900,000,000,00 in total, as shown in the attached Table 3, from around 10 to Hanman on April 2014, as shown in the attached Table 3, for a total of 10 times, under the pretext of money kept in custody, money for congratulationss, and money for donation, etc., after visiting Nonindicted 20, which is a relative, from the prison located in the Chungcheongbuk-si ( Address 2 omitted).

3. Violation of the Personal Information Protection Act by Defendant 1 and Defendant 2

A personal information manager shall provide a third person with the consent of a subject of information when it is not provided within the scope of the purpose for which the personal information is collected, and no person shall be provided with the personal information manager knowing that the personal information is provided without the consent of

On March 2014, Defendant 1 instructed Defendant 2 to store a disaster-related text message on a mobile phone in order to use it for an election campaign using text messages as a police officer, etc., and Defendant 2 received from Nonindicted 36 in charge of the safety construction of ○○ Military Office and the public official in charge of the construction of ○○ Military Office in accordance with the direction of Defendant 1, with the knowledge that he/she would provide a file of disaster-related text messages with the name and contact number of 5,926 persons under his/her control without the consent of the subject of information, and then, Nonindicted 4, a non-indicted 4, a non-indicted 1, who is an employee of the office,

As a result, the Defendants conspired to provide personal information without the consent of the subject of information.

4. Violation of the Personal Information Protection Act by Defendant 2

(a) Matters related to the provision of lists, such as persons engaged in medical welfare facilities for the aged on April 2014;

A personal information manager shall provide a third person with the consent of a subject of information when it is not provided within the scope of the purpose for which the personal information is collected, and no person shall be provided with the personal information manager knowing that the personal information is provided without the consent of

On April 2014, the Defendant: (a) at the ○○ Military Office located in Chungcheongbuk-do ( Address omitted); (b) had a mind to prepare the list of persons related to medical welfare facilities for the Defendant’s election campaign; (c) demanded Nonindicted 37 of the public officials in charge of the residents’ welfare division of ○○ Military Office to provide the list of employees and visitors to medical welfare facilities for the aged; and (d) was provided with Nonindicted 38 with the knowledge that Nonindicted 38 was to provide the list (471) stating the name, contact address, address, admission date, etc. of persons engaged in medical welfare facilities for the aged, such as the ▽▽△△△△, in the process of managing the said person, and persons who

Accordingly, the Defendant was provided with personal information without the consent of the subject of information.

(b) Matters related to the provision of a list of text messages related to disasters on May 15, 2014;

A personal information manager shall provide a third person with the consent of a subject of information when it is not provided within the scope of the purpose for which the personal information is collected, and no person shall be provided with the personal information manager knowing that the personal information is provided without the consent of

On May 15, 2014, the Defendant received a request from Nonindicted 12, who is an election campaign manager of Defendant 1, to seek a list of telephone numbers that can be used for an election campaign from Nonindicted 12, who is an election campaign manager of Defendant 1, and was knowingly provided by Nonindicted 36, who was in charge of the safety construction of ○○ Military Office, with the knowledge that he/she would provide a file of disaster-related text messages where the name and contact details of 5,926 persons are entered, without consent of the subject of information, at the ○○ Military Office located in Chungcheongbuk-do, and then stored them in USB and delivered them to Nonindicted 39, who is the election campaign cause of Defendant 1.

Accordingly, the Defendant was provided with personal information without the consent of the subject of information.

1. Defendants’ respective legal statements

1. Investigation protocol of Nonindicted 8 by the prosecution

1. The prosecutor’s statement concerning Nonindicted 12

1. Part of the prosecutor’s statement with respect to Nonindicted 9

1. Each police interrogation protocol against Nonindicted 4, Nonindicted 3, and Nonindicted 2

1. Each police protocol on Nonindicted 40, Nonindicted 7, Nonindicted 41, Nonindicted 11, Nonindicted 42, Nonindicted 43, Nonindicted 46, Nonindicted 45, Nonindicted 46, Nonindicted 47, Nonindicted 48, Nonindicted 49, Nonindicted 38, Nonindicted 37, Nonindicted 39, Nonindicted 50, and Nonindicted 20

1. The second police statement against Nonindicted 10

1. The statement of Nonindicted 21

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (including attached data);

1. On-site support for each digital evidence analysis site and reports on the results thereof;

1. List of Nonindicted 10 Computer Storage

1. Defendant 1’s book author, e-mail attached to the draft invitation letter of the publishing commemorative gathering, copies of the invitation letter of the publishing commemorative gathering, the receipt register of the register of preservations, and the list related to the sending of the invitation letter

1. Documents from Defendant 2 mobile phone output, including the e-mail accompanied by files, apparatus list, list of managers, etc.; the confirmation of the trends related to local elections; the report on the trends of local public opinion; the registration of preliminary candidates; and the examination documents on the scope of election campaign to be registered;

1. The telephone number register for each Eup/Myeon village, the status of residents' welfare and organization, the status of the organization of ○○○○○○○○○○○○○○ Group, the list of storage of Nonindicted 4 USB, and each list;

1. Documents prepared by marriage type, reports on local administrative situation (non-party 51), receipts of money kept in custody, and photographs of bags;

1. The name list of Defendant 1-related persons;

1. Data on the front page of Defendant 1;

1. Article applicable to criminal facts;

A. Defendant 1: Articles 255(2)5 and 93(1) of the Public Official Election Act; Article 30 of the Criminal Act (the distribution of documents, etc. by unlawful means); Articles 257(1)1 and 113(1) (the act of making contributions to candidates, etc.) of the Public Official Election Act; Articles 71 subparag. 1, 17(1)1, and 30 (the act of receiving personal information without consent of the main body of information) of the Personal Information Protection Act;

B. Defendant 2: Articles 255(2)5, 93(1), 30 (a) of the Criminal Act; Article 71 Subparag. 1, 17(1)1, and 30 (a) of the Personal Information Protection Act; Article 71(1)1, and Article 30 (a) of the Personal Information Protection Act; Article 71 Subparag. 1, and Article 17(1)1 of the Personal Information Protection Act (i.e., provision of personal information without the consent of the subject of information)

(c) Defendant 3: Articles 255(2)5 and 93(1) of the Public Official Election Act, Article 30 of the Criminal Act (the distribution of documents, etc. by unlawful means), Article 71 Subparag. 1, Article 17(1)1, and Article 30 of the Personal Information Protection Act (the provision of personal information without consent of the main body of information)

1. Selection of punishment;

Defendants: Selection of each fine

1. Separate sentence for concurrent crimes;

A. Defendant 1: Article 18(3) and 18(1)3 of the Public Official Election Act (each violation of the Public Official Election Act and each violation of the Personal Information Protection Act shall be separately sentenced);

B. Defendant 2 and Defendant 3: each of the provisions of Article 18(3) and 18(1)3 of the Public Official Election Act (a separate sentence for a violation of the Public Official Election Act and each of the provisions of the Personal Information Protection Act)

1. Aggravation for concurrent crimes;

A. Defendant 1: The first sentence of Article 37, Articles 38(1)2, and 50(1)2 of the Criminal Act (i) the violation of the Public Official Election Act due to the distribution of documents, etc. by unlawful means, and the violation of the Public Official Election Act due to the act of contribution by each candidate, etc.; (ii) the amount of concurrent crimes with punishment prescribed in the violation of the Public Official Election Act due to the act of contribution by the candidate, etc. against Nonindicted 35 with the largest penalty; (iii) the amount of each violation of the Personal Information Protection Act; and (iii) the amount of concurrent crimes with punishment prescribed in paragraph (3)

B. Defendant 2: The former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act (Mutual Violation of the Personal Information Protection Act, and Article 50 (Aggravation of Concurrent Crimes with Punishment and Punishment of Concurrent Crimes as stipulated in paragraph (3) of the same Article)

(c) Defendant 3: The former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act (i.e., the violation of the Personal Information Protection Act; and (ii) the provision of a list from the SO military sanitation supervisor with the largest criminal situation; (iii) the concurrent criminal penalty prescribed in the Personal Information Protection Act;

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

1. The scope of punishment;

A. Defendant 1

1) A violation of the Public Official Election Act: Fines not exceeding 15 million won;

2) Violation of the Personal Information Protection Act: A fine not exceeding 75 million won;

B. Defendants 2 and 3

1) A violation of the Public Official Election Act: Fines not exceeding 4 million won for each violation;

2) Violation of the Personal Information Protection Act: Each fine not exceeding 75 million won;

2. The scope of recommendations based on the sentencing criteria (the crime of violating the Public Official Election Act)

A. Defendant 1: A fine of KRW 1 million to KRW 9.1 million

[Determination of Punishment] Violation of Prohibition of and Restriction on Contribution Act (Basic Crimes and Concurrent Crimes 1, 2)

[Scope of Recommendation] Fine of one million won to five million won (Basic Area)

[General Sentencing] Reduction element: Serious reflect

[Application of Criteria for Multiple Crimes] A fine of KRW 1 million to KRW 9,160,00 [a fine of KRW 1,00,000,000,000,000, which is the lowest limit of the scope of punishment for basic crimes, and a fine of KRW 5,00,000,000, which is the upper limit of the scope of punishment for basic crimes, shall be added to KRW 1/2,50,000,000,000, and KRW 1,660,000,000,000,000,000,000,

B. Defendant 2 and Defendant 3: Each fine of KRW 700,000 to KRW 2 million

[Determination of Punishment] Violation of Election Campaign Act / Election Campaign Act / Illegal Election Campaign Act / Act on Election Campaign in violation of Election Campaign Period / [Type 2]

[Special Sentencing] Reduction element: A person who actually takes part in passive crimes by pressure, etc.

Aggravations: A planned and organized crime

[Scope of Recommendation] Fines of KRW 700,000 to KRW 2 million (Basic Area)

[General Sentencing] Reduction element: serious reflectivity and no record of criminal punishment; 3. Determination of sentence

A. Defendant 1

The Defendant collected personal information in the name of the head of ○○○ Military Office without the consent of the subject of information in order to conduct an election campaign, and sent a letter of invitation to the Publication Commemorative Association containing a publicity phrase on the Defendant to 4,96 electors, and provided their relatives and branchs with a total of KRW 90,000 won under the pretext of custody, congratulations and condolences. Notwithstanding the fact that the above publishing commemorative association was extremely personal affairs, the Defendant instructed Defendant 2, who is the head of the non-office, to prepare and dispatch the above letter of invitation to the Publication Commemorative Association, and Defendant 3, the head of the administrative division, used most of the employees belonging to the administrative division to put a Stick at the invitation book (Evidence No. 1623 of the evidence record). In addition, the Defendant’s act by abusing the status of ○○ head of the Gun and used it for private election campaign, which is considerably insufficient to protect Defendant 1’s personal information, as well as to protect Defendant 2’s personal information under the pretext of the legislative intent of the Public Official Election Act.

However, the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, there is no record of punishment for the same kind of crime, the fact that some of the personal information subjects after the prosecution of this case expressed their intention not to punish the defendant, and the fact that many military residents want to have the preference of the defendant, etc., shall be considered, and the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and conduct, motive and circumstance of the crime, circumstances after the crime, etc.,

B. Defendants 2 and 3

The Defendants, as public officials belonging to the ○○ Military Office, collected personal information in several thousands of official management by Defendant 1’s order, and used it to send Defendant 1’s letter of invitation to the Publication Commemorative Association, thereby illegally conducting an election campaign. Although Defendant 1 was fully aware that Defendant 1 was able to collect personal information and send a letter of invitation to the Publication Commemorative Association for the purpose of election campaign, the Defendants committed the instant crime by comparing it with the fact that he was sufficiently aware that Defendant 1 was able to collect personal information and send the letter of invitation to the Publication Commemorative Association.

However, the defendants recognized the defendants' mistakes and reflects, the defendants' refusal of the defendant 1's instructions seems not to have been practically easy as the subordinate staff of defendant 1's subordinate staff, and there is no record of criminal punishment, etc., taking into account the favorable circumstances for the defendants, such as the defendants' age, character and conduct, motive and circumstance of the crime, circumstances after the crime, degree of violation of the Personal Information Protection Act, etc., and taking into account various sentencing conditions in the arguments and records and arguments, the punishment as ordered within the scope of recommended punishment according to the sentencing guidelines.

[Attachment]

Judges (Presiding Judge) For transfer (Presiding Judge)