It’s not illegal, just highly unethical. It’s also not true, he does not know someone doing this.
In your example, the "ethical" way to violate a non-compete is to redact it from the original contract.
I'm not saying you're the worst person ever, but littering is unethical, and so is saying you'll do something and then not doing it (or vice versa).
I don't see the ethical quandaries though. So long as one is doing the work promised, and the company is satisfied with their output. It's not any more unethical than working on any other side project after hours.
It's funny, when this topic comes up, the people that are juggling multiple jobs are usually stuck in this weird place where they want to convince people it's true but at the same time not draw too much attention to it (for obvious reasons).
I know a guy who overlapped months of two different jobs.
So it exists and happens. And for IC-type positions should be even easier.