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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. A person, other than a candidate or preliminary candidate, who sends text messages on February 5, 2014, shall not engage in an election campaign by means of automatic broadcast communications utilizing computers and technology using computers, and where a person who transmits election campaign information by means of transmitting text messages, he/she shall not take technical measures to avoid or interfere with an addressee's refusal to receive, or where he/she conducts an election campaign by means of transmitting text messages, and where he/she publishes or reports the results of public opinion poll on election, he/she shall also publish the requester, institution or organization name of the applicant for investigation, method of selecting those polled, size of samples, areas to be polled, dates and methods of inspection, error rate of samples, response rates, contents of questions, methods of correcting errors in the size of samples by age group and gender of the investigated;
Nevertheless, at around 01:20 on February 5, 2014, the Defendant: (a) connected the Defendant’s office No. 207 of the Northern-gu Btel 207, the 6th nationwide provincial election C market candidate, using a computer, to AD-E-E-mail on the Internet automatic broadcast communications service site (www.m. Sgo.go.co.D). The Defendant entered D-E-E-based public opinion poll results (D34.9%, G1.5%, H 11.8%, J.7.1%, K. 4.0%, K.3.8%, K.3.8%, and K.3.8%) to the Defendant’s office, with the aim of getting elected, the Defendant entered D-do regional election campaign candidate who will be elected; (b) the Defendant’s sample error rate of 1/27.1/28%, and entered C-138 years, with the recipient’s sample error rate of 107 years old/7 years old,”.
Accordingly, the defendant sent text messages by means of automatic broadcast communication, thereby conducting an election campaign, and transmitting the election campaign information to the receiver.