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(영문) 광주지방법원 2012.10.24 2012고단1697
통신비밀보호법위반
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and six months and suspension of qualification for a year.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was a person who served as the president of the Gwangju Metropolitan City City Party, the co-chairperson of the Incheon Metropolitan City Election Countermeasures Committee for Candidates, and the advisory chairperson of the Gwangju Metropolitan City Mayor's Committee for Acquisition of Duties by Gwangju Metropolitan City. Defendant B also served as the director of the public relations bureau of the Gwangju Metropolitan City of Gwangju Metropolitan City while operating a music and video production company. Defendant C is a person employed as a public official of Grade VI technical position in Gwangju Metropolitan City around October 1, 1997 and served as the director of the General Headquarters M of Gwangju Metropolitan City from February 23, 2010 to January 201, and Defendant D is an employee of N company.

1. On April 21, 201, Defendant A, C, and B’s joint criminal conduct, as a result of the design and evaluation of the O installation works ordered by Gwangju Metropolitan City around April 21, 201, the P CoCo., Ltd. was first selected as the main axis. In this regard, many of the members of the Committee received money and valuables from the companies that participated in the said construction project.

Defendant

A became aware of the fact that public officials classified as Libybyby-product were frequently eating in the R restaurant located in the Southern-gu Q of Gwangju and that Defendant C’s wife’s friendship is operating the said Rare. Accordingly, around May 201 to listen to or record the public officials’ dialogue, Defendant C demanded that Defendant C “if public officials agree to make a promise to the RA restaurant, they would be informed.” Defendant C was well aware of these circumstances, and Defendant A again instructed Defendant B to record a public official’s dialogue, including, but around May 3 and May 13, 2011, Defendant C instructed Defendant C to the effect that “a public official promised to the RA restaurant,” which he became aware of through RA, made a promise to the RA restaurant, and again, Defendant A promised to have a public official’s interview on the part of the public official, including, but not limited to, what talked about, what kind of talked.

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