An app operator who sold an illegal paid mobile phone surveillance application (app) advertised with content such as being able to catch an affair and illegally acquired a call recording file was sentenced to prison.
According to the legal community on the 4th, the Supreme Court’s second division (Chief Justice Oh Kyung-mi) recently confirmed the court’s original ruling, which sentenced A to seven years in prison, five years of suspension of qualification, and a fine of 1.974 billion won in an appeal for violating the Communication Secret Protection Act, Information and Communication Network Act and Location Information Act.
A is an actual operator of an illegal mobile phone monitoring app operator set up in Bucheon, Gyeonggi-do in January 2019.
The app worked by installing a “parent app” on the buyer’s phone and a “child app” on the other party’s phone to monitor. Children’s apps have hidden icons, making it difficult for those under surveillance to even know if the app has been installed on their phones.
In mobile phones with children’s apps installed, the recording function was operated in real time regardless of the intention of the monitored person. The secured call contents, location information (GPS), and messages were transmitted and stored to the company’s server, and app buyers were able to check them in real time.
Company officials such as A advertised the app with phrases such as “cheating husband” and “suspect woman lawsuit.” They sold and distributed apps for 500,000 won per month or 2.8 million won per six months, and also recruited buyers by paying introduction fees to Heungshinso.
A was put on trial for illegally recording 119,713 phone calls containing conversations between others from October to November 2024 in this way by conspiring with app buyers.
It was also accused of distributing malicious programs that hindered the normal operation of the information and communication network by providing apps to 6,008 users.
He was also accused of collecting and storing personal location information of 980 people under surveillance without permission and operating a location-based service business without reporting it, earning KRW 3.39 billion.
The first trial found A guilty and sentenced him to prison.
Mr. A denied the allegations at the appeal trial, saying, “The recording was done by the app buyers and he only sold the app.”
However, the second trial court did not accept it. It was noted that A did not only sell apps used for wiretapping, but also explained to buyers how to install and use them and managed the server himself.
The second trial judged, “A sequential and implicit conspiracy relationship between A and the buyers is recognized,” adding, “It was not just a helper, but functional behavioral domination through essential contributions to the crime.”
“I am very guilty of committing a crime that imposes serious restrictions on the secret and freedom of privacy guaranteed by the Constitution,” he continued, pointing out, “There is a high possibility of criticism, with the distribution period reaching six years and profits reaching 3.3 billion won.”
The Supreme Court also dismissed A’s appeal and confirmed the sentence, judging that there was no fault in the judgment of the lower court.
