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(영문) 수원지방법원 안산지원 2016.02.18 2015고단3766

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network Utilization Act, etc.) in the support for the childbirth of Suwon Friwon method, and the judgment on November 19, 2015 became final and conclusive.

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

Nevertheless, the defendant would like to foster game characters free of charge to the victims B who met in the African TV website.

On August 6, 2015, at around 06:00 on August 6, 2015, the victim's bund (C) and its password were identified, and then, at the PC room located in Singu, the victim's account and password, which was known as above, sealed the victim's online game, into the victim's account on the online game, and then infringed upon the information and communications network beyond the allowed access authority by moving the victim's "F 10 levels" and approximately 13,000 gold to the "D, which is the defendant's game account."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against B; and

1. Submission of data from the victim, submission of a warrant of search and seizure verification, and each description of the Africa TV and reply to a warrant of search and seizure verification;

1. Previous convictions in the judgment: References to inquiries, such as criminal history, (A), reports on investigation (verification of the same records as the suspect), and application of each statute of the relevant judgment;

1. Article 72 (1) 1 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;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Subsequent to Article 39 of the Exemption of Punishment Act: Provided, That Article 39(1)- of the same Act provides that cases such as fraud for which a judgment has become final and conclusive, and this case is the same type of crime and the result of the final and conclusive judgment (referring to imprisonment for a period of eight months) and all other circumstances, such as equity, with the case where this case was simultaneously pending.