Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant was elected as a candidate for the F Party in the 20th National Assembly election E constituency implemented on April 13, 2016.

The National Election Commission of the F Party adopted the method of telephone public opinion polls in the form of “ARS voting by the National Assembly No.S.” with respect to the intraparty competition in the election district No. 20th National Assembly election E, and conducted telephone public opinion polls (hereinafter “instant public opinion poll”) with respect to at least 300 persons among the voters of the E constituency who responded to the telephone AS response from March 13, 2016 to March 14, 2016.

However, according to Article 11(2) of the F Party’s 20th National Assembly Election Regulations for recommending candidates for the 20th National Assembly members, the subject of public opinion poll is limited to only “F political parties and persons who respond to without fault.” The public opinion poll in this case must ask questions of political parties supported by the telephone-holder and answer to “F party” or “non-party.” The public opinion poll in this case can only participate in the public opinion poll in this case and present opinions on “conformity of candidates” for the election of the National Assembly members of the F Party. If the person who has the right to vote respond to supporting other political parties such as G political parties, the public opinion poll was completed as it is.

Therefore, in the instant public opinion poll, the “whether an incomplete political party exists” and “whether a political party supports a political party” were a critical factor that determines the eligibility to participate in public opinion poll.

[Violation of the direction, solicitation, and inducement of public opinion poll for the intra-party competition] Anyone shall respond to the false response of gender, age, etc. to many electorates in order to influence the results of public opinion poll for the intra-party competition in connection with the intra-party competition.