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Defendant
A shall be punished by imprisonment for ten months and suspension of qualifications for a year, by imprisonment for six months and suspension of qualifications for a defendant B, respectively.
Reasons
Punishment of the crime
Defendant A is the head of customer satisfaction team of corporation E, and Defendant B is the employee of corporation E.
Anyone shall be prohibited from censorship of mail, wiretapping telecommunications, or recording or listening to conversations between others that are not open to the public without recourse to the Protection of Communications Secrets Act and the Criminal Procedure Act, and from disclosing or divulging the contents of communications or conversations that he/she has learned in violation of this Act.
1. Defendant A, in the event of a dispute with a customer, established a system in which the contents of the call with the customer were recorded in order to verify facts. On May 201, Defendant A knew that when changing the said system, the contents of the call with the customer were recorded and stored in file files. On June 201, 201, Defendant A heard the contents of the call of G and H, a director of the said company, at the office of the E Customer Satisfaction Team, Co., Ltd., Ltd., Ltd., Ltd., located in the Seocho-si Kimpo-si, Kim Jong-si, Inc., which was recorded through the above recording program, around that time.
When the Defendant came to know of the fact that G and H came to know in the process of listening to a recording file in the future, around June 3, 201, the Defendant sent a recording file in which the content was stored to B, who is an employee of the same company, via e-mail, and sent the recording file to I, a superior of the same company, by e-mail around August 1, 201.
Accordingly, the defendant listened to the conversations between others that are not open to the public in violation of the way provided by the Protection of Communications Secrets Act, and disclosed or leaked the contents of the communication or conversation known to him.
2. Around June 3, 2011, Defendant B, like the preceding paragraph, received a file of a recording of the content of G and H’s private currency from A as a e-mail and received a recording of the file from A to a e-mail, and the content of a e-mail and H’s currency was recorded in a e-mail that allows access to the said recording program.