Defendant shall be punished by a fine of KRW 2,500,000.

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

Criminal facts

From May 27, 2018, the Defendant worked as an election secretary of C (D party) who is a candidate of C (D party) in simultaneous local elections B nationwide from May 27, 2018.

No person shall announce or publicly announce any false fact with respect to a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected.

Nevertheless, around 07:46 on June 6, 2018, the Defendant sent the text message “G resignation” to the mobile phone in I’s name without verifying the authenticity, even though there was no fact that the Defendant, a candidate for B market (H party) at the Defendant’s residence in the building and F, and then sent the above text message to 6 persons as shown in the attached list of crimes on the same day.

As a result, the Defendant published false facts about G candidates for the purpose of preventing the success of G candidates.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J, K and L;

1. Handphones and letters and photographs of K;

1. Application of Acts and subordinate statutes to a report on investigation (for other party identification and investigation in letters);

1. Relevant Article 250 (2) of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 250 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment (referring to the publication of false facts for

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The consideration of the circumstances favorable to the defendant among the grounds for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Fines of 2.5 million won to 15 million won in the scope of punishment by law; and

2. Aggravation of the recommended punishment on the sentencing guidelines [type determination] Scope of punishment [the publication of false facts for the purpose of falling on the election period] 3 types (the publication of false facts for the purpose of falling on the election period): Where it is imminent on the election day, the degree of the publication of false facts is weak.