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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
A. In light of the fact that the National Election Commission explicitly stated that the electronic voting is prohibited even in the case of the electronic voting, there is no means of disciplinary action by proxy voting, and there is no provision explicitly prohibiting online voting in the party constitution and party constitution of a political party, the Defendants did not have the intention of deceptive scheme due to the lack of awareness as to whether proxy voting is prohibited or not.
B) It is difficult to see whether a voting right holder exercises his/her right to vote directly as the management affairs of the O political party, and it is difficult to see that the fairness and appropriateness of the management affairs of the O political party by proxy voting by the Defendants were harmed. (C) The O Political Party election commission did not limit the number of votes using the same opt (IPs). Thus, the O Political Party election commission did not have any limit on the number of votes cast by proxy, and thus, it is difficult to see that a person in charge of the affairs of the O political party did not fall under his/her awareness, mistake, etc., but rather, due to insufficient examination and technical limits, and thus, the causal relationship is not recognized.
2) The lower court’s sentence of unreasonable sentencing (Defendant A: fine of 2 million won, Defendant B: fine of 50,000 won is too unreasonable.
B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
Judgment
A. 1) In the crime of interference with business by fraudulent means, “a deceptive scheme” means that an offender misleads the other party, misleads the other party, or uses a site in order to achieve the purpose of the act.
The establishment of the crime of interference with business does not require the actual occurrence of the result of interference with business, and there is sufficient risk of causing the result of interference with business.