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(영문) 부산지방법원 동부지원 2019.08.12 2019고단338

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

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

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

Reasons

Punishment of the crime

1. No one who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall intrude on any information network;

Nevertheless, the Defendant served as an instructor in the “C” located in Busan Shipping Daegu, and infringed upon an information and communications network without access authority by using the ID and password provided by E from October 2012 to February 2014 from the students of the said driving school D instructors to a total of 18 times on the Internet site of the said driving school (F) by accessing 18 times in total.

2. Any person who intends to establish and operate a private teaching institute in violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons shall register his/her personal information, curriculum, name of instructors, tuition fees, facilities, equipment, etc. with the superintendent of education after entering them in an application for registration of establishment and operation of

Nevertheless, from December 2014 to November 2017, the Defendant installed lecture rooms in Busan Metropolitan G Apartment, without being registered with the competent authority, and received 200,000 to 240,000 won per month from the tuition fees.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements in each police interrogation protocol of the defendant and H concerning each police officer;

1. Statement of the police officer to I;

1. Each written statement of J and E;

1. Each receipt; and

1. A detailed statement of transactions in the A account;

1. Application of Acts and subordinate statutes to each investigation report (Submission of reference materials, such as the LW and telephone conversation-related / Suspect HA transaction inquiry);

1. Article 72(1)1 and Article 48 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016) regarding criminal facts and the choice of punishment.