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

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who, from July 7, 2014 to July 7, 2014, rents part of the common facilities of residents from the apartment apartment complex in Yeongdeungpo-gu Seoul Metropolitan Council (the term of lease is five years) and operates the skin club in the trade name of "C", and D entered into a club business agreement with the Defendant on August 8, 2014 with respect to the operation of the said skin club (the term of lease is until September 9, 2019).

The defendant tried to record conversations between D and persons related to the council of occupants' representatives in order to use them as materials favorable to the defendant in relation to the extension of the lease term with the council of occupants' representatives and the dispute over the right to operate with D, the expiration date of each of the lease term of the club, D and Dong business contract with D.

No person shall record or listen to a conversation between others that is not open to the public.

Nevertheless, around May 14, 2019, the Defendant hiddenly recorded conversations between D and D, the council of occupants' representatives of apartment buildings, with a view to making things located at the above club office. The Defendant recorded conversations between D and D. The council of occupants' representatives.

The defendant recorded a conversation between others that is not open to the public.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's court statement detection of the location of the recording machine of the police statement to D, copies of each office set, and audio-visual tape recording files;

1. Relevant provisions of Article 16 (1) 1 of the Protection of Communications Secrets Act and the main sentence of Article 3 (1) of the same Act concerning facts constituting an offense (Concurrent imposition of imprisonment and suspension of qualification);

1. Article 62 (1) of the Criminal Act (limited to imprisonment);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than ten years, and suspension of qualifications for not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. 선고형의 결정: 징역 1년, 집행유예 2년, 자격정지 1년, 몰수 ◎ 불리한 정상 - 이 사건 범행은...