Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant recorded a victim’s telephone call in order to verify whether or not the victim is out of the body of the victim, and the Defendant had a mind to confirm the content of the mobile phone text message and the details of the telephone call.

1. Violation of the Communications Secrecy Protection Act;

A. On September 6, 2015, the Defendant: (a) installed a small tape recorder at the front line of a ward without the consent of the victim at the Defendant’s residence located D 107 Dong 1304, Gu-U.S.A.A., and recorded conversations between the victim and others not open to the public without the consent of the victim.

B. On September 11, 2015, the Defendant: (a) installed a small tape recorder on the studio XD vehicle studio operated by the injured party at the above Defendant’s parking lot without the victim’s consent; and (b) recorded the contents of the conversation with the victim and others that are not open to the public.

2. Around September 2015, the Defendant discovered the content of electronic records, etc. by inspecting the telephone details, text messages, photographs, etc. stored on the relevant mobile phone after the Defendant cancelled a lock-down pattern of the cell phone owned by the victim, which was set aside at the victim’s residence at his/her hand, and by inspecting the telephone details, text messages, photographs, etc., which were stored on the relevant mobile phone, and thereby identifying the content of electronic records by using technical means. The summary of evidence is as follows.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 16(1)1, the main sentence of Article 3(1) of the Act on the Protection of Communications Secrets (the recording of conversations between others, the concurrent imposition of imprisonment and suspension of qualification) concerning criminal facts, and Article 316(2) and (1) of the Criminal Act (the detection of the content of electronic records, the selection of fines, etc.);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 (Article 1-2) of the Criminal Act [Article 38 (1) 2 and 3 of the Act on the Aggravated Punishment of Concurrent Crimes] [Article 1-2 (1) of the Act on the Aggravated Punishment of Concurrent Crimes).