Defendant 1 and one other

Kang Dong-dong

Attorney Choi Sung-sung et al.

Defendants shall be punished by imprisonment for two years.

The number of days under detention prior to the rendering of this judgment shall be 174 days, including each sentence.

The Defendants are employees of SamsungSDS Co., Ltd., and the above companies are the Korea Highway Corporation from the 2nd century to the 1st century’s 5th century’s SOC development team. The above companies conspired with the above 1st century’s 6th century’s 6th century’s e-mail test method to replace “ETCS system”, which has been operated by the Highway Corporation, with a new system, which has been automatic collection system, from the Highway. In the event that the above companies participated in the manufacture and purchase tender, automatic collection of tolls method, which was developed by the Orst F&C Co., Ltd., from the 0th century’s e-mail test method to the 1st century’s 6th century’s e-mail test method to the extent that the above companies will not be capable of performing the above 6th century’s e-mail test method. The above companies are selected from the 1st century’s e-mail test method to the 6th century’s e-mail test method to the above 1st e-20thm company.

2004. 1. 6. 11:36경 경기 여주군 가남면 금당리 소재 중부내륙고속도로 충주 방향 여주기점 약 3.5km 지점 우측으로 약 10m 간격을 두고 평행하게 설치되어 있는 현장성능시험 도로장에서 단말기를 장착한 승용차, 버스 등 4대의 차량이 차례로 500m 간격으로 설치되어 있는 ○○데이타 주식회사와 △△통신기술 주식회사의 각 갠트리 밑을 시속 130km로 통과하면서 통행료 자동징수 여부를 시험하는 고속주행시험이 실시될 때, 피고인 1은 (차량번호 생략) 흰색 이에프 소나타 승용차를 운전하여 두 번째로 주행하는 시험차량 버스와 나란히 중부내륙고속도로를 달리고, 피고인 2는 전파발생기를 소지한 채 위 승용차 뒷좌석에 탑승하여 위 버스가 각 회사 갠트리 밑을 통과할 때 갠트리에 설치된 기지국을 향하여 5.8GHz 주파수 대역에서 강한 전파를 발사하여 기지국과 시험차량 단말기 사이의 통신에러를 유발한 것을 비롯하여 같은 날 14:33경 시속 60km의 중속주행시험, 14:51경 시속 90km의 중속주행시험, 15:11경 시속 80km의 중속주행시험, 같은 달 7. 10:43경 차선밀착주행시험 등 총 5회 주행시험에서 위와 같이 방해전파를 발사하여 ○○데이타 주식회사의 시스템에 총 12회의 통신에러를 일으키게 함으로써 마치 위 회사 통신시스템 자체의 문제로 위와 같은 장애가 발생한 것처럼 보이도록 하는 등 위계로 한국도로공사의 위 ○○데이타 주식회사와 △△통신기술 주식회사에 대한 능동형 하이패스시스템 현장성능시험 업무를 방해한 것이다.

1. The Defendants’ respective legal statements

1. Each legal statement of Nonindicted 5, 7, 6, 16, 13, 17, 11, 18, 19, 20, and 21 of the witness;

1. Each prosecutor's office and police suspect interrogation protocol against the Defendants

1. Each prosecutor’s protocol on Nonindicted 20, 16, 5, 13, 17, 11, 18, and 19

1. Statement of the police inspection;

1. The police statement of Nonindicted 7 and 6

1. Records (measurement of the intensity of interference with radio wave);

1. Lease contract;

1. Date of each test;

1. CCTV screen:

1. Investigation report (the results table of the on-site performance test of △△ Communications Technology);

1. A report on the results of photographing each violating vehicle, smart card processing log, and the results of on-site performance test;

1. Inquiries and replies to inquiries by △△ Telecommunications Technology Corporation;

1. Notification of results of image analysis and appraisal by the Supreme Prosecutors' Office;

1. Requests for appraisal by a modern automobile company;

1. Requests for appraisal by the head of the radio wave research institute;

1. Article applicable to criminal facts;

Articles 314(1), 313, and 30 of the Criminal Code

1. Calculation of days of detention;

Article 57 of the Criminal Code

1. Whether there was an interference with radio waves;

○○○○○ Co., Ltd., when the driving test conducted on January 6, 2004 exceeds 11:36 km, 11:36 km, 130 km, 14:33 11:4 vehicles at the speed of 60 km, 14:51 14 vehicles at the speed of 90 km, 2 vehicles at the speed of 15:11 18, 10 km and 1.6 1:6 1.6 2 vehicles at the speed of 80 km and 1.6 1.6 1.6 6 6 1.6 1: 15 6 1.6 1. 15 6 1. 6 1. 6 1. 6 15 1. 6 1. 6 1. 15 1. 6 1. 6 1. 15 1. 1. 1. 6

그런데 이 사건 통신에러는 레이저 센서와 적외선 센서를 이용하여 차종 등을 분류하는 차종분류장치와, 차량검지장치, 위반차량 촬영장치 등 전파를 이용하지 않는 장치의 정보는 아무런 영향을 받지 않았으나, 안테나 ID, OBU ID, 카드 ID, 통신결과, 징수금액, OBU 차종, 서명값 등 전파를 이용하는 모든 통신상의 정보가 없는 극히 비정상적인 오류의 형태를 띠고 있다. 또한 갠트리 1, 2, 3 모두 통신에러가 발생할 가능성은 무시해도 될 정도로 극히 적다고 할 것인데, 이 사건의 경우 짧은 시간에 반복하여 갠트리 1, 2, 3 모두 통신에러가 발생하는 등 극히 미미한 확률의 가능성이 현실화되었고, 정상적인 상태라면 설령 통신에러가 발생하더라도 항상 존재하도록 제작된 안테나-차량단말기 사이의 과금영역 정보인 R2 Trigger조차도 전혀 작동하지 않았으며, 특히 1. 6. 11회, 14회 시험에서는 시험차량 4대 전부가 통신에러가 발생하는 등 이 사건 통신에러에는 의심스러운 부분이 많다.

In light of the fact that ○○○○○ System’s system’s whole system due to this communication is interrupted, problems such as damage to the system itself, or factors such as radio waves emitted from the outside are considered, the defense counsel asserts the possibility of the occurrence of the communication. However, halogian system claims the possibility of the occurrence of the communication in this case due to the defect of the other system. However, ○○○ System’s re-examination 1590 re-examination, which was carried out with the same equipment from January 15 to January 31, 8, 1590 after the date of the instant communications, ○○○○ System’s 6 times of communication, 9.62% of the communications, 12 times of the communications, and 9.25% of the communications system’s success, and △△△ System’s 12 times of the communications system and 99.25% of the communications system itself, it is deemed that there is no possibility that all halog or the system itself may cause any problem in this case’s communications.

Therefore, it should be said that the communication was caused by external radio waves, and in light of the following: (a) the radio waves, which appears to interfere with the spectrum analysis devices at the time of the examination 10:43 April 7, 190; and (b) the telecommunications situation, which occurred during the re-examination period from January 15 to January 31, 199, is in a normal situation, where the gold is lost or the base station’s report is failed, and the type of the communications generated in the instant case differs from △△△ (in the inquiry of the development of telecommunications), etc., it is reasonable to deem that the communications operator of the instant communications was due to the interference radio waves emitted outside, rather than due to natural radio waves generated.

2. (Cases of Omission of Vehicle Number) Whether interference radio waves have been emitted from a white sculp propa car;

As above, at the time of the above communication No. 5, a white car driving on the above 1-th 6-th 1-th 6-th 1-th g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g.

Furthermore, in relation to whether the above vehicle emitted interference with the test vehicle, the shortest distance on the expressway near the test site of this case would take about about 16 minutes if the vehicle runs at a speed of 120 km or more per hour (the police inspection report), the above vehicle appeared at the test site at about 18 minutes or 20 minutes, the above vehicle appeared at the test site at about 10 minutes, the continuous occurrence of the same type of communication vehicle each time when the vehicle runs along the test vehicle at the distance of about 10 meters from the test vehicle. The above vehicle has a communication obstacle to all or part of the test vehicle according to the test main engine for the above vehicle and the test vehicle. Unlike the above vehicle, even if most vehicles move at a speed of 120 km or more meters per hour on the expressway of this case, it is reasonable to view that the above vehicle was driven at such speed without any special reason, and it appears that the test vehicle interfered with the test of the test vehicle on July 10, 197.

In this regard, the defense counsel asserts that there is a possibility that interference dissemination may occur in the fixed location of others who are not passengers of the above vehicle. However, it is not persuasive to view that the group emitted interference dissemination to the test vehicle in line with the time when the vehicle is driven in the test vehicle while the vehicle is driven in parallel with the test vehicle, and it is unlikely that the above vehicle was driven in parallel with the test vehicle whenever the interference dissemination is emitted. Thus, there is little possibility that the above vehicle was driven in parallel with the test vehicle, so there is no reasonable doubt that the interference dissemination in the above vehicle may not be emitted.

3. Whether the defendants have emitted the release of collected resources

Defendant 1, at the driver’s seat of the above vehicle, 3-4 times on board the back seat and 3-4 times on January 6, 1, and 1.7, Defendant 1 recognized that the above vehicle was driven around the test site and was driven around the test site. During the above period, only the Defendants were boarding the above vehicle and driving around the test site. As such, there is no doubt about the fact that the Defendants committed the crime of this case where the Defendants committed the crime of this case where people on board the above vehicle had obstructed radio waves, it would be said that there is no doubt about the fact that Defendant 1 committed the crime. Furthermore, in full view of the fact that the Defendants committed the crime of this case, Defendant 2 was driven around the test site on several occasions, and Defendant 2 was on board the back seat other than the chief of the test site, and Nonindicted 7 was connected with Defendant 2, who was connected with the market share of the above vehicle, and that Defendant 2 was able to know what the Defendants committed the crime of this case.

The defense counsel presented various materials by asserting that the Defendants did not have the ability to manufacture the radio wave generating apparatus capable of emitting measured interference radio waves, and did not possess it, even if the radio wave was emitted, the Defendants failed to make reasonable doubt that the Defendants could not avoid committing the instant crime only with the materials presented to the court.

Therefore, all the Defendants are guilty.

The Constitution of the Republic of Korea provides the free market economic order as the constitutional order, which is based on the ideology that the value of society can be maximized by fair competition, and therefore, fair competition among members of society should be guaranteed. Therefore, the acts that obstruct fair competition should be judged strictly by the law. However, the Defendants interfere with the test of competition companies by means of the emission of interference with the business instead of choosing the method of getting a competitor in the competition with large companies based on superior technological power, and thereby obstructing the test of competition companies in order to escape from the business. As such, such acts are deemed to constitute an offense of bad form of crime, among the types of the crime of interference with business which are planned to be punished in the Criminal Act. Nevertheless, since the Defendants are denied by the investigative agency without going against their mistake in this law, it is determined that there is a need to punish the Defendants, and thus, it is determined that the Defendants should be able to achieve social stability by strictly punishing them. However, in light of the first fact that the Defendants had no previous conviction and the Defendants’ status or experience in the company.

Judges Song-dong