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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a lineal ascendant or descendant of the F Party candidate G in the 20th election for the National Assembly member of the National Assembly.

No person shall publish false facts about support, etc. from a specific person or organization to a candidate in favor of the candidate by means of a speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of being elected or making another person elected in connection with the intra-party competition.

On February 20, 2016, at the election campaign office of the preliminary candidate located in Cheongju-si, Cheongju-si, the Defendant published false information to the effect that “G is certain to receive official contributions by recommendation” by having I send the letter message of “J” to 8,207 party members of the F Party 8,207.

As a result, the Defendant published false facts about support from a specific person in favor of the candidate G by means of communication for the purpose of getting G to be elected from an intra-party competition.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of reference witnesses by the prosecution concerning L;

1. Application of the accused, the details of sending each text message, the investigation report (report on the submission of the details of sending text messages), one copy of the text message, and the article related to the recommending system;

1. Article 250 (3) and (1) of the Act on the Election of Public Officials in Charge of Crimes and Articles 250 (3) and (1) of the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The content of the text message that the Defendant required to send as indicated in the reasoning of the claim is not false facts as to support for a specific person, but if the recommendation system is introduced by the statement of the F Party K Chairman at K, the preliminary candidate will be recommended.