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(영문) 서울중앙지방법원 2015.01.30 2014고정5487

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 25, 199, the defendant is currently in a marital relationship with the victim B on January 25, 199 and currently in a divorce lawsuit with the victim at the Seoul Family Court.

No one shall intrude any information and communications network without access authority or beyond permitted access authority, and shall damage any other person's information processed, stored or transmitted through the information and communications network, or infringe, block or divulge any other person's confidential information.

Nevertheless, around 08:40 on May 15, 2014, the Defendant requested the change of the password of the victim’s D e-mail account and E-mail account using the computer at the Defendant’s house located in Seocho-gu Seoul, Seocho-gu, 117 Dong 103, and received a temporary password from the previous victim’s F e-mail account by accessing the victim’s e-mail account using such temporary password, thereby infringing on the information and communications network without access authority, and infringed on another’s secrets processed, stored, or transmitted through the information and communications network by accessing the victim’s e-mail account with a third party.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The details of the receipt of Google text messages, the details of their recent activities, the list of the reception of each Gmail, the list of the reception of Gmail, the list of medlails receptions, and the application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 72 (1) 1 and 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 71 subparagraph 11 and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of fines for negligence;

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) of the Criminal Act for the detention of a workhouse;

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