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(영문) 서울남부지방법원 2014.08.12 2014고정998

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall damage another person's information processed, stored or transmitted through an information and communications network, or infringe, use or divulge another person's secrets.

The defendant served as the head of the Information Content Office responsible for the computer-related affairs of D Co., Ltd.

On May 18, 2012, the Defendant installed a “F” program on a control server located in the D head office 9th floor information content room located in Yeongdeungpo-gu Seoul Metropolitan Government, and installed a “F” program on a computer connected to Dartnet.

The “F” program is a security program produced in G, and not only functions of blocking and detecting information leakage, but also functions of so-called “loging” that files sent out by a company’s computer user to the outside of the company’s central server.

From June 7, 2012 to August 23, 2012, the Defendant, using the “F” program installed from around June 7, 2012 to around August 23, 2012, had the victim H, a D employee, stored 525 files, such as e-mail, attached documents, etc., of D executives and employees, on the D control server, and then perused them, thereby infringing on other’s secrets processed, stored, or transmitted by the information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement to I and J;

1. Statement of seizure of each police;

1. Submissions of reports, siren reports, and results of analysis of digital evidence;

1. The CD, DVD (the Lao DB, and the content of inspection);

1. Application of Acts and subordinate statutes to investigation reports (Comparison between F search records, inspection details, and control server storage records);

1. Article 71 subparagraph 11 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 49 of the same Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;