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Defendants shall be punished by imprisonment for six months and suspension of qualifications for one year.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A is a chief of the central organization of the Seoul Northern District Headquarters of the D Trade Union, and Defendant B is a chief of the Seoul Northern District Headquarters of the Association.
No person shall record or listen to conversations between others that are not open to the public without going through the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act, or disclose or divulge the contents of communication or conversation which he has learned in the course of such recording or listening to.
Nevertheless, around 21:50 on January 17, 2013, Defendant A made a tape recording of approximately one hour and 33 minutes using a mobile phone recording of conversations between H and its members, etc. in the vehicle of G (the vice head of the Seoul Northern District Headquarters of the Seoul Northern District Headquarters of the Association) after having a telephone call with G (the vice head of the Seoul Northern District Headquarters of the Association) at one’s own house of Gwangju-si, 1201 Dong 801 (F apartment) and not cut off, and then made a tape recording of KRW 400,000 at the JStenographic Authority Office of Dobong-gu Seoul, Seoul around February 7, 2013, on the basis of the recorded file.
On February 8, 2013, Defendant A continued to listen to the recording file so that Defendant B may read the above recording form and hear the recorded contents at the above partnership office located in the 3rd Yongsan-gu Seoul, Yongsan-gu, Seoul.
In addition, around February 14, 2013, the Defendants read the above transcript at the office of the chairman of the above union headquarters L and the above division M.
As a result, the Defendants conspired to make a recording of the contents of conversation between others that are not open to the public, and made it open to others.
Summary of Evidence
1. Defendants’ legal statement
1. The G statement of the suspect interrogation protocol against Defendant A by the prosecution
1. Examination protocol of police suspect regarding L;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes of a recording book (G-H dialogue content);
1. Article applicable to criminal facts;
A. Defendant A: The former Protection of Communications Secrets Act (amended by Act No. 1229, Jan. 14, 2014).