2006Do1513 Violation of the Protection of Communications Secrets Act

EE, E

IT in the event of residence and reference domicile :

Prosecutor

Chuncheon District Court Decision 2005No285 Decided February 15, 2006

January 18, 2008

The appeal is dismissed.

The grounds of appeal are examined.

The wiretapping of telecommunications prohibited by Article 3(1) of the Protection of Communications Secrets Act means the act of listening to and communally reading the sound, language, sign, and image of telecommunications by a third party, other than the sender and receiver, without the consent of the party concerned, through an electronic device, etc.

According to the reasoning of the judgment below, the court below determined that the defendant's personal location information of the victims received through his/her own mobile phone or Internet service, which he/she joined, was required to allow the victims to take part in the membership information service, and to provide his/her own personal location information to others. To this end, the defendant's reproduction and reproduction of the victim's cell phone to use deceptive means such as "real-time location verification by taking part in the membership information service, and registration of his/her cell phone number as the kind of friendly phone number," but the victims' personal location information received by the defendant cannot be deemed to be a third party, which is the subject of "real-time location verification by membership information service, and the receiver of the information and communication," which he/she joined, cannot be deemed to constitute "wirecing of telecommunications" prohibited by Article 3 (1) of the Protection of Communications Secrets Act.

In light of the above legal principles and records, the above determination by the court below is just and acceptable, and there is no error of law by misapprehending the legal principles on wiretapping of telecommunications under the Protection of Communications Secrets Act, as alleged in the ground of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young

Jeju High Court Justice Kim Yong-dam

Justices Park Jong-hwan

Justices Kim Gi-hwan