2015 Highest 965 Public Organizations, etc. Entrusted Election Act

○○ Kim (55 years, South Korea), executives of an urban development project association

F.D. (Lawsuits) and Kim Un-young (Trial)

June 11, 2015

Defendant shall be punished by a fine of 3,00,000 won.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

The Defendant was a non-standing director of the ○○ Agricultural Cooperatives from around March 1997 to around 2009, and was a person who was going out and went out in an election for the head of the ○○ Agricultural Cooperatives on March 11, 2015 and was successful. Anyone is an election campaign.

An election campaign shall not be carried out at any time other than the period. Nevertheless, the defendant shall not be elected as follows:

The election campaign period (the election campaign period for the head of the association: February 26, 2015 to March 10) was completed prior to the election campaign period.

1. On February 4, 2015: around 49 around 07: 49, the Defendant’s association consisting of letter delivery programs (the election headquarters value business within the hand) at the seat of the Defendant at the city of Ulsan-gu, Ulsan-gu, Ulsan-gu, and 20 x ○○ et al. using letter delivery programs (the election headquarters value business within the hand).

The 1st and 78 members of the union "beat, coming to and going to and going to and going to and going to the traffic," and the 1st and 78 members of the association. Kim ○-○ Dlim sent a text message of "the election campaign" and sent it to the election campaign.

2. On February 4, 2015: at around 55: 15, the Defendant sent a message of the following contents to 720 members of the said union, such as Kim Hong, installed in the Defendant’s mobile phone at the places indicated in paragraph (1) of this Article, “I have the right to start cutting down. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so. I have the right to do so.

3. On February 6, 2015: around 15: the Defendant used the text delivery program described in paragraph (1) at the place described in paragraph (1) at a certain time, and used the text delivery program to 1,815 members of the said union, including Gangwon-do, for the members of the said union, ○○, etc., to read “Isday that the weekend knife, knife, and

Before preparing, I sent a new text message and sent it to Kim ○○'s dial, the election campaign was conducted by sending a text message with the content of the text message.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Each report on investigation;

1. Details of the analysis of persons subject to the daily transmission of text messages; 2. Details of the analysis of persons subject to the daily transmission of text messages;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 6 subparagraph 1 of Article 6 and Article 24 (2) of the Act on Entrusted Elections by Public Organizations, etc., Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Cases of illegal election campaign by sending text messages prior to the election campaign period;

In that it is a crime that may undermine the fairness of election, it is not a punishment, but a mistake is recognized, there is no record of criminal punishment except twice a fine, the election of the head of the association seems to have a negative effect on election, and other defendants.

The sentencing data in the records, such as the age, character, conduct and conduct, and environment, shall be comprehensively determined as per the order.

Judges Park Young-young