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(영문) 부산지방법원 2017.12.22 2017고합399
통신비밀보호법위반
Text

1. The defendant A shall be punished by imprisonment for a term of two years and suspension of qualifications for the defendant A;

2. Defendants B, C, D, E, and F Defendants respectively.

Reasons

Punishment of the crime

[criminal history] On July 25, 2013, Defendant A was sentenced to six months of imprisonment with labor for a violation of the Act on the Protection, Use, etc. of Location Information at the Busan District Court on August 2, 2013, and the execution of the sentence was terminated on August 29, 2013. On August 29, 2014, Defendant A was sentenced to eight months of imprisonment with labor for a violation of the Communications Secret Protection Act at the Busan District Court, and completed the execution of the sentence on January 11, 2015.

[Criminal facts]

1. No one who commits a joint crime by the Defendants may censorship of mail, wiretapping telecommunications or record or listen to conversations between others that are not open to the public, unless it is governed by the provisions of Acts such as the Protection of Communications Secrets, etc.

Nevertheless, the Defendants: (a) through the wiretapping of the 119 Japanese War to take advantage of the funeral service related to the accident history and the accident history in Busan area; and (b) through the operation of the "wireckic situation room" in which the prospect of the Busan fire headquarters can be illegally wiretappinged by purchasing high-performance electrical and non-electric relay smartphones, etc.; (c) and (d) directed Defendant B, etc., to dispatch the body to the scene of the accident to the scene of the accident and to take the place of funeral service operated by other accomplices; and (d) Defendant B, under the direction of A, would take the role of taking charge of the overall management of the crime; (e) Defendant C, Defendant D, Defendant E, and Defendant F, while conducting the funeral service in each area of Busan area; and (e) have conspired Defendant B, etc. to perform the funeral service and to divide the profits therefrom in sequence with each other, including Defendant A.

Accordingly, from October 2015 to July 2017, Defendant A installed a wiretappingless electric device suitable for the same frequency as the radio frequency of the fire headquarters in Busan metropolitan M&M 501 and play a role as a meter for wiretappingless electric power. Defendant C installed a mobile phone and play a role as a meter for wiretappingless electric power.

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