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(영문) 서울북부지방법원 2020.08.14 2020고합104

통신비밀보호법위반

Text

Defendant

A Imprisonment with labor for a year and suspension of qualifications for a year, for a year and six months, and for a year of suspension of qualifications for a defendant B.

Reasons

Punishment of the crime

1. On December 4, 2018, Defendant A, an employee of the C organization, received a proposal from Defendant A, “A is a patient with a disability of 100% who is hospitalized in the D hospital due to a traffic accident,” and then accepted the proposal, “I will pay KRW 3 million at the request cost,” and recorded the conversation with her husband’s G around December 10, 2018, by viewing that E in the D hospital located in the Jinju City of Jinnam-si, Seoul, and without the above two persons’ consent.

As above, it is necessary to clarify the fact that the conversation between E and G is recorded in the video recorded as above, and as such, it does not interfere with the Defendants’ exercise of their right to defense, the part of the facts charged “the video recorded” is changed as above.

The defendant recorded a conversation between others that is not open to the public.

2. Around January 8, 2019, Defendant B sent a record of video files in the C Office located in the Yeongdeungpo-gu Seoul Metropolitan Government H building I via e-mail to the head of the office of the attorney-at-law affiliated with the law firm J, who is the legal representative of the case of civil litigation (Seoul High Court 2018Na14062), which was recorded and transmitted by mail as described in paragraph (1) above.

Accordingly, the defendant revealed the contents of conversation between others that are not open to the public.

Summary of Evidence

1. The police interrogation protocol (including a written resolution of expenditure, receipt, etc. attached) of the Defendants’ respective legal statements on the Defendants B

1. Each police statement concerning G and M;

1. A letter of complaint, a preparatory document or record of the compensation for damage, 2018Na14062;

1. Investigation report (the director Lone telephone communications);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 16(1)1 and Article 3(1)2 of the Protection of Communications Secrets Act: Articles 16(1)2 and 16(1)1 and 3 of the Protection of Communications Secrets Act;

1. Defendants: Suspension of execution.