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(영문) 수원지방법원 성남지원 2018.11.13 2018고정462

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority, and shall damage another person's information processed, stored or transmitted through the information and communications network.

Nevertheless, on August 2, 2017, the Defendant had access to the said game by using the victim E’s online game “dives” account and password, which had been known in advance at the D’s Motel c in the Dolsan-si, Gasan-si. On August 2, 2017, the Defendant terminated the game character belonging to the said account.

Accordingly, the Defendant intruded on the information and communication network without legitimate access, and damaged other's information stored in the information and communication network.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officers of the accused;

1. The statement protocol of the police with respect to E [the defendant and his defense counsel who first intrudes into the game by using the ID and password of the victim who was used in a usual manner with the consent of the victim;

However, according to each of the above evidence, E does not have to inform the defendant of the password, as seen below, and it is recognized that the defendant damaged other person's information by accessing the game and cancelling a game character's display without permission, and in light of this point, the defendant's intrusion on the information and communications network without legitimate access, and thus, the above assertion is rejected.

Then, the victim's game character was arbitrarily terminated.

However, according to the above evidence, the defendant's game character is recognized to have terminated the soft system between E's character and her husband's character in the game and the game character is the fact that anyone and anyone are affixed.