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(영문) 수원지방법원 성남지원 2017.09.01 2017고정843

전자기록등손괴

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, from February 1, 2013 to November 22, 2016, performed the design work of the main agency at D Co., Ltd. located in Gwangju City, and the victim E is the representative of D Co., Ltd.

On May 12, 2016, the Defendant posted the final drawings among the design drawings prepared by the above company and stored the relevant files in the company’s computer even after submitting them. However, the Defendant arbitrarily deleted the files of the design drawings of the main bank, including “01.Dg”, “01.bg”, “production drawing 1.dg”, “production drawing 1.pdg”, “production drawing 2.pdf”, “production drawing 2.pdf”, “production drawing 3.pdf”, and “production data.dwg”.

Accordingly, the defendant damaged the electronic records of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing the file list deleted by the person under consideration;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: fine of 2 million won, detention in a workhouse: 100,000 won per day) of the suspended sentence (the consideration shall be given to the fact that the defendant is a primary offender, the confession of the crime of this case and seriously reflects the fact that there are some circumstances to be taken into account in the course of committing the crime);