The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-misunderstanding or legal principles, the Defendant, with the consent of B, set up a “SR monetary recording” case in B’s mobile phone, but the recording and storage of a telephone conversation through the above language application was not the Defendant but the Defendant, on behalf of B, was merely a building and installation of the above language application case. The Defendant’s acquisition of a telephone recording file between B and the victim by e-mail is merely a delivery of the file in which B was recorded, and the Defendant did not either make a recording of a conversation between others or disclose the contents recorded in such a way.

Nevertheless, the court below found the defendant guilty for the crime of this case, which is erroneous in the misunderstanding of facts or of legal principles.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment, one year of suspended execution, etc.) is too unreasonable.

2. Determination

A. The "wirecilization of telecommunications" under Article 2 subparag. 7 of the Act on the Protection of Communications Secrets as to the misunderstanding of facts or misapprehension of legal principles means that a third party performs each act under the same subparagraph without the consent of the sender and receiver who is the party to the telecommunications. Thus, even if the party to the telecommunications recorded the conversations with the consent of one of the parties to the telecommunications, unless the other party consented, it shall be interpreted that in light of the Constitution and the purport of the Act on the Protection of Communications Secrets enacted for the purpose of protecting privacy and promoting the freedom of communication as one of the fundamental rights of the people, it constitutes a violation of Article 3 subparag. 1 of the Act on the Protection of Communications Secrets (this refers to the case where the third party recorded a conversation between other parties that was not disclosed) (see, e.g., Supreme Court Decision 2002Do123, Oct. 8, 2002).