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A defendant shall be punished by imprisonment for not less than six months and suspension of qualifications for six months.
However, the above imprisonment for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who has worked as the head of the D Secretariat, a corporation located in Gyeonggi-si.
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.
Nevertheless, from November 10, 2010 to December 12, 2010 of the same month, the Defendant had a recording machine installed in the audit place and had a recording machine recorded a conversation from the place, because the regular audit of the above center conducted at the Gyeonggi Osan-si for three days from November 10, 2010 is likely to cause disadvantages due to multi-party audit and inspection.
Accordingly, the defendant was in the same month.
9. Nonindicted Party E, who is a staff member in charge of the above D Center accounts, instructed Nonindicted Party E to purchase a Boscocoer, and instructed Nonindicted Party F, a technical staff, to be installed in the second floor counseling room of the above Center, which is not visible from the audit room, and let the said F install it in the audit room at around that time, and recorded a conversation in the audit room conducted from around 09:00 of the same month, but did not record the conversation with the audit room at the wind to change the audit room.
Thus, the defendant tried to record a conversation between others that is not open to the public, but did not bring about an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement concerning G and F;
1. Each statement of E, H, I, and F, and each statement of E, E, and F;
1. A petition for complaint and a petition for complaint (2013 non-paragraph 1034);
1. A written disbursement resolution, purchase documents of tape recorderss, and deposit certificate of passbook without passbook;
1. Application of Acts and subordinate statutes to stenographic records of audit proceedings;
1. Articles 18, 16(1)1, and 3(1) of the former Protection of Communications Secrets Act (Amended by Act No. 1229, Jan. 14, 2014);
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is recorded by the defendant.