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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
(a) Any person who intends to manufacture, import, sell, distribute, possess, or advertise wiretapping equipment in violation of the Protection of Communications Secrets Act shall obtain approval from the President of the Ministry of Science and ICT;
Nevertheless, from March 14, 201 (the time of registering the domain name) to October 11, 2017, the Defendant placed an Internet advertisement for the sale of wiretapping equipment, such as selling various disguised-type cameras, such as the type, card type, log type, licker type, licker type, licker type, licker type, licker type, USB type, fire alarm type, fire alarm type, and licker type, etc.
B. Violation of the Communications Secrecy Protection Act (Sale, Possession, etc. of wiretapping equipment) (hereinafter “D”), as indicated in the list of crimes in attached Form 491 by October 10, 2017, the Defendant sold a disguised film camera used in the “crime using camera, etc.,” such as selling 87,493,50 won in total, on a total of 491 occasions as indicated in the list of crimes in attached Form 491, by means of a sale, etc. of various “crime using camera, etc.,” including a voice recording function, which is not recognized as a external camera, which was imported in China, etc. through other sales sites E, etc., and which is not recognized as a external camera.
In addition, around 10:45 on October 11, 2017, around C10:10:45, each of the c1st floor of the above C, etc. was possessed with one string of the clicker who is disguised in the form of a glick and glick, etc. without the authorization of the relevant authorities.
2. We examine whether the Defendant’s advertisement, sale and possession camera, etc., as indicated in the facts charged (hereinafter “the instant camera”) constitutes wiretapping equipment under Articles 17(1)4 and 10(1) of the Communications Secrets Protection Act.
According to Article 2 (3) and (7) of the Act on the Protection of Communications Secrets, the "wireception" in the same Act shall be made by electronic means.