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(영문) 수원지방법원 안양지원 2015.05.01 2013고단1227

통신비밀보호법위반등

Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 28, 2013, the Defendant violated the Protection of Communications Secrets Act: (a) was a person operating E driving a private teaching institute in Ansan-si; (b) concluded a business agreement with the victim F and the victim G and operated the said private teaching institute on March 28, 2013; and (c) was willing to record the victim’s dialogue to confirm the intent of the victims to drive away from the said private teaching institute due to the conflict with the victims.

On April 19, 2013, the Defendant, at the head of the pertinent private teaching institute, installed an USB recorder who has a recording function in the book and recorded conversations between the victim F, the victim H and I, and the others that were not open to the public.

2. On May 9, 2013, the Defendant: (a) was unable to take over the Victim F and G operation “E” private teaching institutes located in Hayang-gu, Mayang-gu; (b) around the same month, J directed the Defendant to post a false banner as if the Defendant transferred the said “E” private teaching institute to the said private teaching institute located far away from approximately 300 meters; and (c) the Defendant, accordingly, posted a banner stating “H.P. L (the Defendant’s phone number) to be open on May 16th, 201.” On the other hand, the Defendant continued to transfer the said “E” to the said private teaching institute to the private teaching institute; (d) confirmed that the above J’s instruction was presented to the Defendant; (e) notified the victims of the extension of the notification to the said private teaching institute; and (e) notified the Defendant that some of the victims of the notification were transferred to the said private teaching institute. However, the Defendant did not transfer the above “E” to the said private teaching institute.

In this respect.