(영문) 서울남부지방법원 2018.7.19.선고 2018고합194 판결

Defendant ○○○ was punished by imprisonment with prison labor for ten months and suspension of qualifications for one year, and Defendant ○○ was punished by imprisonment with prison labor for eight months and one other.

Each person shall be punished by imprisonment with labor for a year of shooting suspension.

However, from the date this judgment became final and conclusive, the execution of each of the above imprisonment with labor has been deferred for two years against the Defendants.

Reasons

Criminal History Office

Defendant ○○○ is a representative director of Plaintiff A from around October 2012, and the State from around May 20, 2013 to around around May 20, 2013.

A person who served as the representative director of food company B, and the defendant Lee ○-○ is from October 2012 to 2016.

10. Until 10., a person who was an employee of the business team of the above A.

Defendant ○○ Kim-○ is the Vice Minister of Business of the foregoing B at the time of around August 2014, and is the general manager of the ○○ establishment.

Kim ○-○, a general manager of a business establishment that is a vice chief of the business office, shall be the vice chief of the business office, and the business data of A and B.

It is doubtful that materials, such as design data, are leaked and is established and operated by the same company;

Among the defendants, they had the mind to investigate the victims' behaviors through this ○○○.

1. Violation of the Protection of Communications Secrets Act;

No person shall record or listen to conversations between others that are not open to the public.

Gu and the Defendants set up on a vehicle offered by A for commuting to the victim, victim, ○ and Kim ○.

Establishment of a sound flag to record and listen to the conversation between the victims and other persons.

(c)

Defendant ○○ Kim Jong-dong, from August 2014 to October 1, 2014, his office located in Sinpo-si, Sinpo-si, Sinpo-si B.

From this point of view, the defendant Lee ○-○'s instruction to record the contents of conversations that occur in the victim's side.

After the payment of the purchase cost of the recording machine through Kim MaMa, Kim Ma-, Kim Ma-, Kim Ma-, and Ma-Ma Ma-Ma

through this, the defendant Lee ○-○, stating the auxiliary key of the vehicle operated by the victims and the vehicle number

Defendant ○○ purchased a tape recording machine in accordance with the direction of the tape recording.

Defendant ○ continues to exist on October 31, 2010, 2010, Defendant ○○○, the victim of the new wall, and YY Y Y Y Y Y Y YY Y

K5 passenger cars operated by the victim Seo-○ in the underground parking lot of the Seongbuk-gu Seongbuk-gu Incheon Metropolitan Government apartment building A

with a tape recorder installed and recorded a conversation between ○○ and another person at night on the same day.

B. From the above date to February 11, 2015, u.s. four times as shown in the list of crimes in attached Form 4.

○ After recording a conversation with another person of Kim○, Kim○, and then recording a recording file to Defendant Kim○.

The Defendants listened to the above-mentioned dialogue.

As a result, the Defendants conspired to record and listen to conversations between others that are not open to the public.

2. Violation of the Act on the Protection and Use of Location Information;

As above, the Defendants operated by the victims to investigate the victims' behaviors.

In order to collect location information by attaching location tracking devices to quantity.

Defendant ○ Kim-○ is a vehicle operated by the victims to Defendant ○○ in the middle of January 2015, which was operated by Defendant ○○.

An order to attach a location tracking device and apply for location tracking services in the name of the company.

Now, Defendant ○○, as above, shall obtain the location tracking machine purchased as above from Kim Ma Ma Ma Ma Ma Ma Ma Ma

H. 01 February 11, 2015: Victim Kim-○ in the Daegu-dong ○○ apartment parking lot around 00 at around 00

She shall attach a location tracking device purchased above inside the between the string of K5 vehicles operated by this operator, and shall continue to maintain

the victim at the underground parking lot of the Seongbuk-gu Seongbuk-gu Incheon Metropolitan City apartment in the case of the same day.

○ The date and time, by means of attaching a location tracking device on the inside the between the string of K5 vehicles operated by ○

The victims collected location information from around March 31, 2015 to March 31, 2015.

As a result, the Defendants conspired to obtain the consent of the victims of personal location information.

The victims' location information was collected.

3. Larceny;

Defendant ○○, on February 11, 2015, is placed in the ○○ apartment underground parking lot located in Daegu-gu, Nowon-gu, Seoul-do, Seoul-dong, Seoul-do, Seoul-do, ○○○ apartment.

A tape recorder and location trackinger shall be attached to a vehicle operated by the victim Kim ○○.

In the process, a corporation’s customer and business data, etc. on external hard disks owned by the victim

Along with the knowledge that the work is kept in custody, the fact was reported to the defendant Kim ○○.

They shall submit to the investigation agency a petition regarding a breach of trust case against victims.

For this purpose, the above hard disks owned by the victim was recruited to bring about the above hard disks.

Defendant ○○○ is a victim’s hard disc in order to submit it to the police.

After giving instructions to bring about the need, Kim Kim Ma and pay the expenses through Kim MaMa, and Lee ○ shall be avoided.

On February 25, 2015, in compliance with the instruction of the ancient Kim○, Kim○, an instruction, and on the underground parking lot of the ○○ apartment, Daegu-gu, Nowon-gu, Seoul-gu, Nowon-gu, Seoul-gu,

In the K5 car operated by the victim Kim ○○ who was parked, the test color held by the victim in the passenger car

One type of hard disc was brought and stolen.

As a result, the Defendants conspired to steal the property owned by the victim.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Each former Protection of Communications Secrets Act (amended by Act No. 15493, Mar. 20, 2018; hereinafter the same shall apply)

C) Article 16(1)1, the main sentence of Article 3(1), Article 30(1) of the Criminal Act, each of the following:

The former Act on the Protection, Use, etc. of Location Information (Amended by Act No. 13203, Feb. 3, 2015)

Article 40 Subparag. 4, Article 15(1)1, Article 30 of the Criminal Act (the point of collecting location information; hereinafter the same shall apply)

Articles 329 and 30 (Lith thief and Selection of Imprisonment) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 of each Criminal Code and Article 38 (1) 2 of the Criminal Code (Punishment and punishment with the largest penalty on January 2015)

5. Aggravation of concurrent crimes by crimes violating the Protection of Communications Secrets Act;

1. Discretionary mitigation;

Articles 53, 55(1)3, and 5 of the Criminal Code (The following favorable circumstances among the reasons for sentencing)

(iii)

1. Suspension of execution;

Article 62 (1) of each Criminal Code (The following grounds for sentencing have been repeatedly taken into account for each favorable condition)

Reasons for sentencing

Offenses against the Protection of Communications Secrets Act and the Protection and Use of Location Information by the Defendants

Criminal conduct is a crime that infringes personal sensitive information, and is a bad one.

However, the Defendants recognized all of the crimes of this case and oppose them. The crimes of this case are committed in this case.

of the victims of the occupational breach of trust, and during the process of identifying such a violation

There are some circumstances to consider the circumstances. The victims of the instant case were punished for the Defendants.

Defendant Kim ○ does not constitute a violation of the Constitution Reserve Forces Act and the Labor Standards Act.

On the other hand, there is no particular criminal record in addition to the punishment of a fine twice, and Defendant 20

In addition to the punishment of the fine due to the violation of the Road Traffic Act, there is no particular criminal record.

In addition, the defendants' age, occupation, character and conduct, family relationship, circumstances and results of the crime of this case, and crimes

State taking into account all the sentencing conditions shown in the records and arguments of this case, including the following circumstances:

shall be decided as above in the text of this judgment.

Judges

Judge Gyeong-hee

Note tin

1) Although Article 29 subparag. 3 and Article 18(1) of the above Act are stated in the applicable provisions of this part of the indictment, this is "the location information provider shall be an individual Dong".

Articles 40 subparag. 4, 40 subparag. 4, and 15, which punishs the Defendants of the act of collecting location information without obtaining any doubt.

Paragraph 1 of this Article shall apply. The Defendants all recognize the facts charged in this case, and the statutory penalty under the above provision also includes the clause in the indictment.

Since it is deemed that there is no disadvantage to the Defendants due to lower statutory penalty than that, this part of the applicable provisions of this Act is to be corrected and recognized ex officio.

of this section.

Kim Jong-ho

Republic of Foreign Affairs