Defendant

A shall be punished by imprisonment for eight months and suspension of qualifications for A, by imprisonment for six months and suspension of qualifications for Defendant B, respectively.

Punishment of the crime

Defendant

A is the representative of “D”, and Defendant B is the employee of “D,” and the Defendants are willing to record the meetings held by the directors E, auditors G, and employees H, which are held in the representative director's office in receipt of the notice of the termination of the agency contract due to contractual breach of duty while performing the above company's advertising promotion and invitation of members entrusted by the (State) F, a sports center at which E is a director.

1. No person who violates the Protection of Communications Secrets Act shall record or listen to conversations between others;

Defendant

A around January 20, 2014, Defendant B brought a tape recorder installed in the representative director's office to Defendant B, and Defendant B, on the same day, installed one tape recorder in the (ju) representative director's office in the third floor of Songpa-gu Seoul Metropolitan Government I building, and recorded the conversation between E, G, and H from that time until January 28, 2014.

As a result, the Defendants conspired to make a recording of an undisclosed conversation between others.

2. The Defendants conspired with each other to intrude into a representative director office occupied by E, etc. for the purpose of installing a recording machine, such as in the preceding paragraph, at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of the witness H in part;

1. The police statement of H;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to the letter of confirmation (establishment of a tape recorder), installation photograph, photographer photograph, copy of contract, investigation report (verification of the installation site of a tape recorder, etc.), and the F Office photograph;

1. Article 319(1) of the Criminal Act regarding criminal facts; Articles 16(1)1 and 3 of the Protection of Communications Secrets Act; and Article 30 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant A: The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act, which led to the occurrence of a business dispute between the Defendants, thereby seeking the other party’s meeting.