Defendant

A shall be punished by a fine of KRW 80,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Punishment of the crime

1. No one shall enter the ballot-counting place, except for the members and employees of the Gu/Si/Gun Election Management Committee and its superior election commission, the ballot-counting clerical staff, the ballot-counting cooperation staff, and the ballot-counting witness;

Nevertheless, the Defendant, a non-governmental organization, entered the 20th election ballot-counting place located on April 13, 2016, as the superintendent of the Seo-gu Busan Metropolitan City (Seoul Metropolitan City) in the 242th floor of the Busan Metropolitan Council (Seoul Metropolitan Council) as the superintendent of the Non-governmental Organization, without a license to enter the ballot-counting place on April 13, 2016, under the pretext of complying with the ballot-counting process.

2. When Defendant B ballot-counting witness enters a ballot-counting place, he/she shall wear or attach a mark as prescribed by the rules of the Central Election Management Commission, and shall not transfer or concede the mark to another person.

Nevertheless, on April 13, 2016, the Defendant, a non-governmental organization, as a ballot-counting witness at the first floor election ballot-counting place located in the Busan Metropolitan City Council-gu Council 1 Busan Metropolitan City Council, on April 13, 2016, and as a ballot-counting witness at the ballot-counting place, the Defendant sent the Defendant’s ballot-counting witness sign to the above A, when the broadcast, who was the witness of the ballot-counting process, could no longer be located in the ballot-counting place, and the Defendant’s ballot-counting witness mark was assigned to the above A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to voluntary accompanying reports, internal investigation reports, records of seizure and list of seizure, and each investigation report (No. 7, 13, 17, 18)

1. Relevant Article of the Act on the Election of Public Officials and Article 256(3)2(h) and Article 183(1)(2) of the Act on the Election of Public Officials (Defendant A): Transfer of the mark of Article 256(3)2(h) and Article 183(1)(2) of the Act on the Election of Public Officials (Defendant B): Articles 256(3)2(h) and 183(2) of the Act on the Election of Public Officials;

1. The sentencing guidelines do not apply to the instant crime for the reasons of sentencing in Articles 70(1) and 69(2) of the Criminal Act, which are applicable to the detention in the workhouse.

1. The range of punishment: The amount of a fine of four million won;