A defendant shall be punished by imprisonment for not less than one year and six months and suspension of qualifications for one year and six months.

Punishment of the crime

Anyone shall not record or listen to conversations between others that are not open to the public, except as provided by Acts, and shall not disclose the contents of such conversations which he has learned.

Nevertheless, on February 27, 2016, the Defendant divided the conversations with E in the office of 301, Nam-gu Incheon Metropolitan City D Building on the 301st day, and divided the conversations between E and E with the mobile phone of E, using the Defendant’s mobile phone recording function, recorded the private conversation between E and the other party of E using the Defendant’s mobile phone recording function. On March 27, 2016, the Defendant sent the recording file stored in the Defendant’s mobile phone to F, who is the seater, and let G, the Defendant’s employee, transmit the said recording file to F.

Accordingly, the Defendant recorded a conversation between others that is not open to the public, and divulged the contents of the conversation known to him.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of the witness F and some legal statements of the witness G;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police with H;

1. A copy of each police seizure protocol and each letter of voluntary submission (the list Nos. 38,39,45, 46, 63, 64);

1. Investigation report (STV Time and Access Confirmation), investigation report (the confirmation of a recording file in the G mobile phone), investigation report (the confirmation of a recording file in the case of a suspect A mobile phone), investigation report (the confirmation of a recording file in the case of a suspect A mobile phone), investigation report (the confirmation of a recording file in the cell phone used at the time of committing a crime), investigation report (the presumption of the receipt of a recording file in the case of a suspected suspect) and investigation report (A or G confiscated analysis result);

1. Application of Acts and subordinate statutes to analysis reports and mobile analysis reports;

1. Article 16 (1) 1, the main sentence of Article 3 (1) (a) of the Act on the Protection of Communications Secrets (a point of recording conversations between others) concerning criminal facts, Article 16 (1) 2 and 1, and the main sentence of Article 3 (1) (a point of divulging conversations between others) of the Act on the Protection of Communications Secrets (a point of divulging conversations between others);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes (absent of crimes)