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Defendants shall be punished by a fine of KRW 800,000.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is a person registered as a preliminary candidate in the D/Si election district on December 15, 2015 with respect to the election of the 20th National Assembly members. Defendant B is a person appointed as a person in charge of accounting from February 3, 2016 while serving as a volunteer in the election campaign office of A.
1. Where a person works on an election campaign by transmitting text messages at a time other than the election day of distribution, such as documents by means of violating methods of transmitting automatic broadcast communications or by unlawful means, or where a person who is permitted to send text messages by means of automatic broadcast communications using computers and computer-based technologies is limited to candidates and preliminary candidates, but the number of times such messages may be sent shall not exceed five times, and no one shall distribute, post, play, or post advertisements, personnel management books, posters, pictures, pictures, printed materials, tape-recording tapes or other similar things, which include contents supporting, recommending or opposing a candidate, or which indicate the name of a political party or candidate's name, in order to have an influence on the election from 180 days before the election day to the election day;
Nevertheless, the Defendants conspiredd to transmit election campaign text messages to the electorates using Defendant A’s mobile phone number (E), and Defendant B, at the election campaign office of Defendant A located on the fifth floor of the F building on January 2, 2016, visited “G”, the Internet text messages, and then sent a text message to 16 electorates, “A. H. I will live together with H. I will receive a lot of new messages.” From November 7, 2015 to February 12, 2016, the Defendants carried out an election campaign by sending a total of 27,765 text messages on a total of 64 occasions, as indicated in the attached list of crimes.
2. An election campaign for a National Assembly member of the 20th election campaign shall be from March 31, 2016, which is the first day of the election period until April 12, 2016, before the election day;