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(영문) 부산지방법원 동부지원 2019.09.06 2018고합168
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a director of the C Limited Liability Company (hereinafter “instant Company”) who manages hotel operation in the form of leasing guest rooms from the sectional owners B.

Anyone shall be prohibited from censorship any mail, wiretapping any telecommunications, providing communication confirmation data, or recording or listening to any conversations between others that are not open to the public, unless it is prescribed by relevant Acts and subordinate statutes, such as the Protection of Communications Secrets Act.

Nevertheless, the Defendant, when the sectional owners of B filed a lawsuit against the instant company, such as transferring buildings, and filing criminal complaints against its representative, etc., the Defendant had been aware of the dispute-related information by recording the contents of the D general meeting at the same place between the D general meeting and the instant company’s operational report council.

At around 13:00 on March 31, 2018, the Defendant, via E, who is an employee of the said company, called the F event support officer G to make an event recording. At around that time, G had G record the conversation between the participants of the D general meeting, such as J and K, etc.

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

Summary of Evidence

1. The defendant's partial statement (which was made after the fourth trial date);

1. Each legal statement of the witness K, E, and G;

1. An interrogation protocol of the police against the accused (second time);

1. Part of the police statement of K (2 times), L, and G in the police statement of K

1. Guidance for the D ordinary general meeting;

1. Contracts and estimates;

1. Application of Acts and subordinate statutes to investigation reports (F officials in charge of Lmers);

1. Article 16(1)1 of the Protection of Communications Secrets Act and the main sentence of Article 3(1)1 of the same Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 55(1)5 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. Suspension of sentence;

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