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

No person shall publish any false fact with respect to the act of a candidate in favor of a candidate by means of a speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person elected.

Nevertheless, the Defendant posted the 7th simultaneous local elections C as a candidate for the Do council members nationwide to carry out an election campaign on June 2, 2018, and secured the budget 7.5 billion won related to the beginning, middle, and high school by only one year in the 7th page.

The election campaign bulletins were sent to 15,951 households in total, containing the content of “the election campaign bulletins”.

However, in fact, the budget related to the elementary, middle and high school secured by the defendant was KRW 5,593,579,000.

Accordingly, the defendant was elected at the 7th simultaneous local election C Do Council members across the country and published false information about the defendant's act through the election campaign bulletin.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Investigation report (a copy of an election campaign bulletin shall be attached);

1. Application of Acts and subordinate statutes on the current status of support for the budget of a primary middle school in D area, data submitted to A, A Declaration of Adjudication, Notice on elected persons (A), from 2017 to 2018;

1. Article 250 (1) of the relevant Act concerning facts constituting an offense and Article 250 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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. The scope of punishment by law: Fines not exceeding 30 million won;

2. Where the degree of publication of false information in the type 2 (Publication of False Information for Election Purposes), [the scope of the recommended area and the scope of the punishment for recommendation] of the sentencing guidelines, the area of mitigation of punishment (the determination of the recommended area and the scope of the punishment for recommendation], a fine of KRW 70,000 or three million, is weak;

3. Determination of sentence: The Defendant stated the school-related budget secured during the period of service as a member of C in the official bulletin of the sentence of a fine of KRW 80,000,000, in the official bulletin, and thereby, many voters have difficulty in determining the ability and qualities of the Defendant.