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(영문) 대구지방법원 포항지원 2015.11.12 2015고단823
공공단체등위탁선거에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, who was in office as the head of the agricultural cooperative cooperative, was elected on March 11, 2015 by going to the election of the head of the above cooperative.

1. No election campaign shall be carried out except during the election campaign period pursuant to the Act on Election Campaign, such as a public organization, etc.;

Nevertheless, on September 28, 2014, the Defendant: (a) opened a large list of union members (which is recorded with the phone number of union members and which is not provided to other visitors or candidates) prepared as of September 21, 2014, the base date of which was the preparation of the electoral registry via D staff members of the said association; and (b) received a mobile phone (G) opened in the name of E’s workplace E through Defendant E around October 28, 2014; (c) sent the phone number recorded in the electoral registry using the phone number in the name of E’s workplace; and (d) decided that the telephone and the Defendant sent the phone number recorded in the electoral registry using the cell phone name (H) of the Defendant who used the phone number used for usual use to ask union members about the inside of the union members or appeal for support for him/her to increase his/her personal guidance for election (the election campaign period of this case is from February 26, 2015 to March 10, 2015).

On October 3, 2014, the Defendant carried out an election campaign by posting 4,594 calls from 2,717 members to 2,717 members, as shown in the List of Crimes (1) from that time to February 12, 2015, using a mobile phone under the name of the Defendant, and making a telephone call to 54 seconds from J members of I to 54 seconds, and carried out an election campaign prior to the election campaign period.

2. No person, other than a candidate, may engage in an election campaign in accordance with Acts related to commissioned elections, such as an election campaign or public organization using a third party.

Nevertheless, the Defendant, using his own children E, sent text messages for election campaign to its members, who are not candidates, and opened a cell phone (K) in the name of the Defendant around January 23, 2015, and on February 2015.

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