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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant was a person who was a person in charge of accounting of D's interest of female residents elected by leaving the 7th time of simultaneous local elections conducted on June 13, 2018 to the "C" district of a member of the Young-gun of the Seoul Provincial Council.

The election campaign may be carried out only once prior to the election day, and where it is carried out by transmitting text messages at a time other than the election campaign period, but where it is carried out by transmitting text messages by means of automatic broadcast communications, the persons capable of transmitting text messages are limited to candidates and preliminary candidates.

Nevertheless, at around 18:35 March 28, 2018, the Defendant: (a) operated a program for ‘Secomcomcomcomcom Compact messages’ that can display a large amount of text messages using a computer at the election office of a candidate D in the preliminary candidate of a National Assembly member of the Yong-do Do Council in Yong-gun E; (b) entered D’s ID and password; and (c) sealed D’s ID and password; and (d) sent a number of 8,279 telephone numbers secured with D, as shown in the attached text messages, as shown in the attached text messages, the Defendant sent the text messages to 7,309, without including matters concerning the facts constituting election campaign information; (b) the telephone number of illegally collected information and the method and method of taking measures to facilitate the declaration of intention to refuse to receive it; and (c) attempted to transmit the text messages only with the content of D’s support.

Accordingly, the Defendant carried out an election campaign by transmitting text messages by means of automatic broadcast communication even though he is not a candidate or a preliminary candidate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to data to capture mobile phone text messages, data to send text messages, statistical data on sending text messages, warning violations of public service election laws, output of data related to sending text messages, and output of contact information;

1. Article 256 (3) 1 (b) of the Act on the Election of Public Officials and the Selection of Punishment for Criminal Facts;