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(영문) 인천지방법원 2013.11.21 2013고정3295

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 1, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on November 9, 2013.

1. No person shall intrude another person’s information and communications network without due authority or beyond the permitted authority;

On January 4, 2011, the Defendant: (a) obtained D’s NHN account and password by an influence method while running a game on the side of D, which was known from the PP bank located in Jeju City, to the FF account by using D’s cell phone (E) which is located on D’s computer table in a crepan or a gap, and infringed without authority, by arbitrarily using D’s cell phone (E) which is located on D’s computer table by means of mobile phone certification.

2. No one shall damage another person's information processed, stored or transmitted through an information and communications network, or infringe, use or divulge another person's secrets;

On January 4, 2011, at the HHN account, the Defendant intruded into the D’s NHN account without authority, and arbitrarily changed the account password, and then intruded into the D’s NHN account at the HHN account in Jeju Island on January 4, 2011, and transferred 62.2 billion won of the game money owned in the D’s account to the “I” account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

1. Article 71 Subparag. 11 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 79 of the Act on Promotion of Information and Communications Network Utilization and Punishment, Etc., Articles 72 (1) 1 and 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense: Selection of a fine for negligence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.