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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is the Director General of the Office of Party C (hereinafter referred to as the “C Party C”) and D is the person who was elected by going to the election for the highest member of a political party B implemented on July 2, 2017, and on June 13, 2018, registered as a preliminary candidate on February 13, 2018 for the nationwide simultaneous local E-market election, which was implemented on June 13, 2018, but went away from the E-market competition of a political party on April 9, 2018.
1. No person who violates prohibition, such as instructions for duplicate responses through call forwarding for public opinion poll, shall answer at least two telephone numbers on two occasions or induce the same person to answer questions or to induce other persons to give answers twice or more in order to have an influence on the results of public opinion poll on election;
Nevertheless, on February 10, 2018, the Defendant: (a) at the meeting of G restaurant located in F around July 10, 2018, at the seventh simultaneous local elections, the Defendant called “H, etc., who wishes to obtain the official ceiling of B political party at the 7th simultaneous local elections; (b) opened a 10 unit of general telephone; and (c) invited H to give an instruction for a new call and duplicate response by responding to the support of D by a public opinion poll; and (d) instructed H to give an instruction for a new call and duplicate response by having a 21 member of C/C cooperative, such as the list of crimes, from that time to March 7, 2018, after opening a 268 wire telephone call for the total number of members of the members of the C/C parties to the mobile phone; and (c) urged them to comply with their new call with the “D support” call in a public opinion poll.
As a result, the defendant took two or more telephone numbers to influence the results of the public opinion poll on election, and instructed and recommended the same person to respond more than twice.
2. Where any person who violates the method of public opinion poll using mobile phones in the name of another person conducts a public opinion poll on the election, he shall indicate the name and telephone number of an institution or organization conducting the public opinion poll before asking questions to those polled.