Defendant

Shohoho Lake

Attorney Kim Tae-ju et al.

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

As the standing auditors of the Korea National Tourism Organization, the Defendant is in charge of the overall affairs and accounting of the said construction and the supervision over the duties of employees.

The Korea National Tourism Organization shall not carry out an election campaign for full-time officers of the said Corporation as public institutions established by investing more than 1/2 of its capital in accordance with the Korea National Tourism Organization Act, and no one shall carry out an election campaign for its members by using any occupational activities in an educational, religious or professional institution, organization, etc.

Nevertheless, around July 20, 2010, the Defendant carried out an election campaign by Nonindicted Party 1 on July 28, 2010, on the ground that, in order to aid Nonindicted Party 1’s election that was sent as a candidate to the re-election of the National Assembly member of the Seoul Special Metropolitan City ○○○○○○○ (hereinafter “Seoul Special Metropolitan City”)’s election, Nonindicted Party 2 was aware of Nonindicted Party 1’s appearance in the constituency of “○○-gu” at the Audit Office of the Korea National Tourism Organization located in 40, Cheongcheon-ro, Jungcheon-gu, Seoul Special Metropolitan City. Whether the Defendant was aware of Nonindicted Party 1’s appearance in the ○○-gu Special election. There was Nonindicted Party 1’s personal friendship with Nonindicted Party 1’s candidate, and Nonindicted Party 1’s desire to move to the school in the ○○-gu, Seoul Special Metropolitan City. As such, Nonindicted Party 1’s election campaign was carried out by Nonindicted Party 1.

On July 20 to 21, 2010, the Defendant, at the audit office of the Korea National Tourism Organization around July 20, 2010, carried out an election campaign by Nonindicted Party 1 for three tourism workers residing in the “○○-gu” constituency, as indicated in the attached list of crimes.

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each statement made by the prosecution against Nonindicted 2, 3, and 4

1. Each statement of a telephone call (at least 50,51 pages of evidence);

1. Each entry in an investigation report (Attachment to Audit and Inspection Regulations, etc.), the organization of the Korea National Tourism Organization, the regulations on audit duties, and an investigation report ( ○○○○○○○○’s constituency confirmation);

1. Article applicable to criminal facts;

Articles 255(1)2, 60(1)5, and 53(1)4 of the Public Official Election Act (the fact that a person who is not entitled to engage in an election campaign has engaged in an election campaign) of each Public Official Election Act, Articles 255(1)9 and 85(2) of each Public Official Election Act (the fact that a person who is not entitled to engage in an election campaign performs an election campaign by taking advantage of an official act within each organization)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments for those who are unable to engage in an election campaign on the market) (Article 40 and 50 (Punishments for those who are prohibited from engaging in an election campaign on the market)

1. Selection of punishment;

Selection of each fine

1. Aggravation for concurrent crimes;

Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Public Official Election Act of July 21, 2010, with the largest penalty)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Summary of the defendant and his defense counsel's assertion

(a) argument that he did not carry out an election campaign by taking advantage of an official act within the organization (as of November 19, 2010, 4 pages of the summary of the oral argument);

Of the facts charged in the instant case, there is no room to deny that the Defendant engaged in an election campaign in a position that is unable to engage in an election campaign. However, in the absence of any additional circumstance that he/she engaged in an election campaign by taking advantage of an official act within the organization of a professional institution, there is room to view that he/she used the above election campaign in the position that he/she was an auditor in the position that he/she was an auditor, and there is room to view that he/she was using the above election campaign by taking advantage of an official act within the organization of the instant facts charged. Therefore, the violation of the Public Official Election Act due to

B. The assertion to the effect that the act constitutes an error in the law as stipulated under Article 16 of the Criminal Act (two pages of the summary of the oral argument dated November 19, 2010)

On the other hand, the Defendant considered the scheme to assist Nonindicted Party 1 in a personal relationship with the candidate for the National Assembly member at the time of Nonindicted Party 1’s election, but the Korea National Tourism Organization had an audit of the Korea National Tourism Organization, it would be allowed to personally visit the employees who have their addresses in the constituency, or personally request the support of Nonindicted Party 1 candidate, and the instant act would result in each of the instant acts. If the Defendant was aware of the fact that such an act is prohibited under the Public Official Election Act, it would not be easy for the Defendant to easily commit such an act against the employees who are members of the labor union, who are likely to bring an issue on the press or the election of the National Assembly. Although the Defendant was serving the 16th National Assembly member, the Defendant did not know about the excessive complicated and subdivided Public Official Election Act because it was not an election of local constituency but an proportional representative member.

2. Determination

A. Determination as to the assertion that an election campaign does not constitute an election campaign by taking advantage of an official act within the organization

The main text of Article 85(2) of the Public Official Election Act provides that "no person shall carry out or have another person carry out an election campaign using any occupational act within the organization of an educational, religious or professional institution or organization, etc." In this context, "act of carrying out an election campaign for its members by taking advantage of any occupational act within the organization of a professional institution, etc." refers to an act of carrying out an election campaign against its members by taking advantage of the opportunity for the members to carry out their duties or by taking advantage of the opportunity for them to carry out their duties (see the Daegu High Court Decision 2007No44 delivered on April 5, 2007).

Based on the above evidences, ① the auditor of the Korea National Tourism Organization is entitled to conduct a comprehensive audit, specific audit, ordinary audit, financial audit, and lecture (Article 4 of the Regulations on Audit and Inspection of 114). The request for submission of relevant documents, books, and articles due to necessity for audit and inspection, demand for attendance and answers by the relevant persons, sealing and investigation of warehouse, books and articles, access to computer systems, and other measures deemed necessary for audit and inspection. The person so demanded (Article 12 of the Regulations on Audit and Inspection of Evidence No. 115 of the Record), the audit and inspection results or operation of the audit and inspection results, correction of matters deemed illegal, disciplinary action against the relevant employees, education of the relevant employees, and other necessary measures, and the reasons why the defendant could have an influence on the auditor of the Korea National Tourism Organization (Article 115 of the Regulations on Audit and Inspection of the Korea National Tourism Organization).

Therefore, this part of the defendant's assertion is without merit.

B. Determination on the assertion that the act constitutes a mistake in the law stipulated in Article 16 of the Criminal Act

Article 16 of the Criminal Act provides that his act of misunderstanding that he does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for such misunderstanding. It does not mean a simple site of law, but it means that his act of misunderstanding is not punishable when it is generally accepted that his act constitutes a crime but it is generally accepted that it does not constitute a crime under Acts and subordinate statutes in his special circumstances and there are justifiable reasons for such misunderstanding (Supreme Court Decision 2005Do835 Decided June 10, 2005).

However, as to the question of whether the prosecutor's "the above provision of the Election Act (referring to the provision of the Public Official Election Act as stated in the above provision of the Act) was unaware of all the above provision, or whether the defendant thought it does not correspond to the above provision," the defendant stated in the prosecutor's prosecutor's office to the effect that "I knew of the above provision," "I think it was illegal to conduct an election campaign or engage in an election campaign in the public domain, or to do so, but I did not know that it was in violation of the law to individually talk (Evidence No. 108 pages)."

According to the Defendant’s above statement, even though the Defendant was unaware of the provisions on the Public Official Election Act applicable to the instant case, whether each of the instant actions was in violation of the Public Official Election Act, it is merely merely a legal site, and cannot be viewed as a mistake in the law stipulated in Article 16 of the Criminal Act.

Therefore, this part of the defendant's assertion is without merit.

Defendant resulted in each of the crimes in this case due to Nonindicted Party 1’s personal friendship, and does not seem to have influenced the election because there are three employees subject to election campaign, and the Defendant was punished for a crime of defamation of honor by publication on September 8, 200, as well as the punishment for a suspended sentence on September 8, 200, under the conditions for sentencing favorable to that there was no record of criminal punishment;

The Defendant, through an audit of the employees of the Korea National Tourism Organization, is in the position of an auditor of the Korea National Tourism Organization who has the authority to demand disciplinary action in accordance with the results of the audit and inspection of the employees of the Korea National Tourism Organization, and carried out an election campaign for candidates for non-party 1 by taking advantage of such status as indicated in the facts charged in the judgment below. This was intended to infringe on the freedom of election of the above employees by taking advantage of the audit and inspection status, and thus the responsibility is not less and less liability is not imposed. In addition, the Defendant identified a list of up to eight employees residing in the “○○” constituency where Non-party 1 was launched by taking advantage of the employee list held by the audit and inspection office and identified the list of the eight employees of the Korea National Tourism Organization residing in the “○○” constituency where Non-Party 1 was launched, and submitted the personnel management card of the employees to the personnel department, and then only those employees are appointed to the audit office.

The punishment shall be determined as per the order in consideration of various conditions of sentencing, such as the age, character and conduct of the accused, and circumstances after the crime.

[Attachment]

Judges Kim-Du (Presiding Judge)