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.

Criminal facts

In addition, the Defendant was a democratic party member, which was enforced on April 13, 2016, and was decided to conduct a competition campaign for the preliminary candidate C in the presidential election in the constituency of "B" in relation to the election of the 20th National Assembly member, which was enforced on April 13, 2016.

A political party may not conduct a competition campaign in a manner other than that permitted by the Election of Public Officials Act on a competition campaign in which a political party grants a right to vote to a person who is not a party member and a party member, and it is not allowed to conduct a competition campaign in such a way that a person other than the competition candidate appeals for support for the competition candidate by telephone.

Nevertheless, the Defendant calls three persons, including D, E, and F, from March 11, 2016 to March 12, 2016, to conduct a public opinion poll within the constituency B for democratic party B between 13 and 19 days thereafter.

On the other hand, the public opinion poll complained of C’s support by stating that the C candidate would be selected.

Accordingly, the defendant conducted a competition campaign in a way other than that permitted by the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation reports (Investigation of parties to telephone conversationss);

1. Application of Acts and subordinate statutes reply to communication confirmation data;

1. Article 255 (2) 3 of the Act on the Election of Public Officials and Articles 57-3 (1) (generally, selection of fines) concerning facts constituting an offense and Articles 255 (2) 3 and 57-3 (1) of the same Act;

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

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

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

2. Scope of a recommended sentence on the sentencing guidelines: Type 2 (Violation of the method of election campaign) [the scope of a recommended area, the scope of a recommended punishment] basic area, a fine of KRW 700,000 or KRW 2 million-2 million-2 million-2 million-2 million-2 million-2 million-2, which violates the election campaign period.

3. Circumstances unfavorable to the decision of sentence: The instant crime shall be made by phone to several defendants.