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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Where a person works on an election campaign by sending text messages, he/she shall be limited to candidates and preliminary candidates, only if he/she is permitted to send such messages by means of automatic broadcast communications (referring to the method of automatically selecting and transmitting recipients through a program, even where the number of recipients exceeds 20 persons or the number of such recipients is not more than 20 persons).

On April 15, 2020, the Defendant was not a candidate and preliminary candidate for the election for the National Assembly member of the 21st National Assembly. On April 11, 2020, at the Defendant’s house located in B around April 11, 2020, at the Defendant’s cell phone (C), sent text messages containing “HI political party” column of the 21st National Assembly member’s residence ballot paper and “the 28 National Assembly member’s residence ballot paper” column of the 21st National Assembly member’s election for the proportional representative National Assembly member of the Republic of Korea, from April 12, 2020 to April 13:12:52, 200 thereafter, sent text messages of the same content six times in total, as indicated in the attached list of crimes.

As a result, the Defendant carried out an election campaign transmitting text messages by means of automatic broadcast communication even though he is not a candidate or preliminary candidate six times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs, etc. (No. 4, 14) attached to each text message, the details of receipt of text messages, photographs of receipt of text messages, communications data replys, telephone details, and reports on analysis of digital evidence;

1. The application of Acts and subordinate statutes to each investigation report (the relative confirmation of a addressee) and investigation report (the hearing of a telephone statement from the addressee);

1. Relevant Article 256 (3) 1 (b) of the Public Official Election Act and the latter part of subparagraph 2 of Article 59 of the Public Official Election Act (generally and collectively, selection of fines) concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. The scope of recommended sentences according to the sentencing criteria: The sentencing criteria shall be set for offenses committed in the judgment;