A defendant shall be punished by imprisonment for not more than ten months and suspension of qualifications for six months.

except that, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 2019, the Defendant violated the Act on the Protection and Use of Location Information, etc.: (a) around “C” located in Changwon-si, Changwon-si; (b) installed a GPS device that enables the collection of location information at the lower end of the driver’s seat of the Echip vehicle operated by the victim D; and (c) collected the victim’s personal location information through mobile phone display application until December 20, 2019.

Accordingly, the defendant collected personal location information of the victim without the consent of the victim who is the subject of personal location information.

2. On December 18, 2019, the Defendant violated the Protection of Communications Secrets Act: (a) around December 18, 2019, the Defendant attempted to record a conversation between D and other customers by attaching a small tape recorder capable of recording other people’s conversations to “G” in the three half of the “G” gap in the window of Changwon-si, Changwon-si; (b) however, (c) around December 20, 2019, the Defendant attempted to discover the conversation.

Thus, the defendant tried to record a conversation between others that is not open to the public, but attempted to do so.

3. Around December 20, 2019, the Defendant destroyed and damaged a cellular phone (S9) equivalent to KRW 1.2 million at the market price located on the floor, which was located on the ground that there was a gallonal gallon (S9), on the ground that there was a galgal galglusation in the said “G” for the same reason as the victim D, on December 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs and on-site photographs;

1. Photographs of a tape recorder;

1. Application of Acts and subordinate statutes to photographs of location tracking devices;

1. Article 40 Subparag. 4 of the relevant Act and Articles 15(1) (the occupation of collecting personal location information and the choice of imprisonment), Article 18 and 16(1)1 of the Protection of Communications Secrets Act (the occupation of attempted recording of conversations between others that are not disclosed), Article 36 of the Criminal Act (the occupation of causing damage to property and the choice of imprisonment).

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the most serious;