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(영문) 서울동부지방법원 2017.06.16 2016고정1448

컴퓨터등장애업무방해

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

From May 26, 2015 to February 12, 2016, the Defendant served as the secretary general of the Victim D (hereinafter referred to as “victim”) located in Songpa-gu Seoul, Songpa-gu, Seoul as the second floor, and was in charge of the management of the homepage, the management of its members, and the guidance on the schedule for holding the forum. However, around January 15, 2016, the Defendant decided to resign from the damaged corporation and completed the process of taking over the business to E, a successor around February 11, 2016.

On February 12, 2016, the defendant raised a complaint against the representative director F of the victimized corporation due to the e-mail identification number and the e-mail identification number of the victimized corporation's website manager, and the defendant did not intentionally change the above website manager identification number and the e-mail password at the damaged corporation's office and intentionally notify the successor of such change and thereby interfered with the affairs of the victimized corporation by causing interference with the processing of information, such as instruction on the schedule for holding the forum.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G and E’s legal statement in the third public trial protocol;

1. Articles of incorporation and entire certificates of registration of an incorporated association;

1. Application of Acts and subordinate statutes to resignation or certificate of details (Notification of a claim for damages caused by damage);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (2) and Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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