beta
(영문) 인천지방법원 2018.09.06 2018고합87

통신비밀보호법위반교사등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

(2018 Gohap 204) The Defendant’s written indictment from October 31, 2013 to August 20, 2017 is written as “ July 11, 2017.” However, according to the evidence, it is evident that the Defendant is a clerical error in the evidence of “ August 20, 2017.” As such, the Defendant’s correction ex officio is made as follows: (i) the evidence of 2018 Gohap 204 Gohap 2018 Gohap 4, 11, 12, 98, 109).

Until now, the victim home well-being Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") has been working as the head of the Incheon apartment security team under contract and managed this guard station.

The Defendant was aware of the affairs related to the new employment of the security team members of the victimized company by using the information delegated to the head of the security team.

D. Although E did not have worked as a security source for the victimized company, he prepared false documents and received wages, etc. to be used in division with D and E.

1. On May 2015, the Defendant: (a) received from D a document necessary for the entry of the victimized company, such as a personal statement, copy of passbook, and resident registration transcript; (b) entered D as the security source of the victimized company; (c) entered D as the security source of the victimized company; and (d) entered as if D had worked in the probation management ledger and the probation management ledger on June 2015; and submitted it to the victimized company through the above apartment management office.

However, D did not have any fact that it belongs to the security team of the damaged company and was in charge of the security affairs such as the above apartment security.

Nevertheless, as such, by deceiving the victimized Company, it received KRW 1,059,750 from the victimized Company for the said six-month benefit from the new bank account on July 10, 2015 and received KRW 53,936,950 as the said D’s wage and the fourth insurance premium from July 2017, as shown in the list of crimes in the attached Table.

Accordingly, the defendant acquired the property from the victimized company in collusion with D.

2. The Defendant committing the crime of public offering with E shall submit documents necessary for joining the damaged company, such as a personal statement, copy of passbook, and a certified copy of resident registration, from E on August 2016.