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(영문) 서울동부지방법원 2014.06.13 2014고정859

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

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

From December 26, 2013 to December 26, 2013, at the office of the “C Highest Sales Company,” where the Defendant was working for the Defendant located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, by means of a computer (IPD) located therein, the Defendant accessed E’s NAV G (G) by means of entering the E’s NAF and its password, which was discovered from a person whose name the Defendant could not be identified, and then accessed the said site four times in total, such as the list of crimes, from December 21, 2013 to December 28, 2013.

Accordingly, the Defendant infringed on the information and communication network without access authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of the official correspondence of the Busan High Police Station in Daejeon, the response to a request for the provision of communications data, the Afiopia system-IP inquiry results, the results of the request made by the Intellectual Property Inquiry Agency, and the later business inquiry Acts and subordinate statutes;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;