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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Criminal facts

The defendant is the father of the B candidate, who was going to the election district in the National Assembly of the People's Republic of Korea that was implemented on December 19, 2012.

No one shall conduct an election campaign in a manner other than that prescribed by the Public Official Election Act prior to the election campaign period.

However, on November 15, 2012, the Defendant: (a) had a special election of the C Party W from around November 15, 2012 to around the 17th day of the same month carried out by the Defendant, for the electorates residing in the cream-related public opinion polls, carried out an election campaign that supports B by telephone; and (b) had them win B.

On November 13, 2012, at around 18:23, the Defendant: (a) called “B, at the election office located in D, by using an Internet telephone (E); (b) calls from F’s cell phone (E); and (c) calls to the elector’s mobile phone; and (d) calls from November 13, 2012 to 19:00; and (d) calls from November 13:0 to November 13:30, 2012 to 20:30, the Defendant carried out an election campaign before the election campaign.

Summary of Evidence

Defendant’s legal statement

The reason for sentencing of Article 334(1) of the Criminal Procedure Act among concurrent offenders of Article 37(1)2 of the Criminal Act, Article 38(1)2 of the former part of Article 37, Article 50 of the Criminal Act, and Article 70 and Article 69(2) of the Criminal Act, among the concurrent offenders of Article 254(2) of the Public Official Election Act (amended by the Presidential Decree No. 254(2) of the Act on the Provisional Payment Order of Articles 334(1) of the Criminal Procedure Act.

1. Scope of punishment: Fines of 50,000 to 4 million won;

2. Scope of recommended sentences based on the sentencing guidelines: A fine of KRW 700,00 to KRW 2750,000 (type determination); an election; a violation of an election campaign period and illegal election campaign; a violation of Type 1 (Violation of an election campaign period); [Scope of recommending fields and recommendations] basic area; a fine of KRW 700,000 to KRW 1.5 million [Scope of recommended sentences based on guidelines for multiple offenses] fine of KRW 700,000 to KRW 2750,000

3. Determination of sentence;