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(영문) 서울북부지방법원 2016.02.18 2016고정88

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant was aware of the other party’s telephone call details, letters, telephone number records, telephone numbers, telephone contents, pictures, and videos on the Internet while searching as “location tracking” in order to find out what male is the victim’s wife B’s external rating, and had the Defendant mind to purchase the above program on the Internet. The Defendant was willing to purchase the above program on the website.

On November 21, 2014, the Defendant deposited KRW 498,00,00 in the national bank account under the name of H, which is the F site deposit account in Gangnam-gu Seoul Metropolitan Government G, and on around the 29th day of the same month, the Defendant sent C’s URL address (e.g., for players: D and for supervisory purposes) transmitted from the seller of the said program to the victim’s cell phone without the victim’s cell phone without the victim’s cell phone, and installed the Defendant’s mobile phone with an advertisement for supervisory purposes.

Accordingly, the defendant has damaged, destroyed, altered, forged, or distributed a program that could interfere with the operation of an information and communications system, data, program, etc. without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes on the opening of internal investigation reports (related to the attachment of data by the process of internal investigation and the closure of a sales site of malicious programs), copies of advertising notices and the closure of the F site, copies of internal investigation reports (related to the analysis of malicious programs and the attachment of files by the suspected person), copies of the music program downloaded screen, copies of the report results of digital evidence analysis, and details of transactions of international deposit and withdrawal of national bank accounts in H's name;

1. Article 71 subparagraph 9 of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, etc. for Criminal Facts and Articles 48 (2) (Selection of Penalty) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc.;

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

1. The Criminal Procedure Act of the Provisional Payment Order.