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(영문) 부산지방법원 서부지원 2018.10.26 2018고정709

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, on January 16, 2018, the Defendant did not obtain the victim D’s permission from Busan YY C, 101 Dong 1203 around 15:22, but had access to the victim’s e-mail account of overseas law firms at the time when the victim appeared to have an interview for employment. In order to send the e-mail account of overseas law firms at the time, the Defendant visited the victim’s e-mail account.

Accordingly, the defendant infringed on the victim's four-day account without the consent of the victim and without the legitimate right of access.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Linked IP data;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the selection of a fine and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.