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(영문) 수원지방법원 성남지원 2018.10.25 2018고정870

통신비밀보호법위반

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The defendant shall be innocent.

Reasons

1. Any person who intends to manufacture, import, sell, distribute, possess, or advertise wiretapping equipment shall obtain authorization from the President of the Ministry of Science and ICT;

1. From May 29, 2015 to May 17, 2018, the Defendant placed at the “security information and communications store” store operated by the Defendant in Seongbuk-gu, Sungnam-gu, Sungnam-si, the Defendant placed an advertisement for various types of illegal wiretapping equipment, including a product name CAM-PEN7, 230,000, a product name CA-AEN7, a sale price of which is 230,000, and a product name AT-V700, a sale price of which is 280,000, and a product name AT-V70, a sale price of which is 198,000) and an advertisement for other types of voice-recording equipment, which is not recognized as a false camera, without authorization from the competent authority, on the Internet site (D).

2. On April 30, 2018, the Defendant sold a disguised film camera, which was not authorized by the competent authority in total amount of 5,611,000 won, from around June 29, 2015 to around the above 20 times, by receiving KRW 205,00 from E via the above “Security Information and Communications” site, and by delivering to him/her a disguised film camera (name of goods J-H UN-5025), which was a disguised camera (name of goods) which was not authorized by the competent authority, from around June 29, 2015 to around the above 20 times.

3. On May 17, 2018, the Defendant possessed one pent-type illegal photographing camera and one shot-type illegal photographing camera at the aforementioned “security information and communications store” store, which was not authorized by the competent authority, and possessed one pent-type illegal photographing camera and one shot-type illegal photographing camera.

2. We examine whether electronic devices, such as advertisements, sales and possession of each disguised camera, fall under wiretapping equipment prescribed by Article 10(1) of the Communications Secrets Protection Act.

The "wirecilization of telecommunications" prohibited by the Communications Secrets Protection Act is being carried out.