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(영문) 인천지방법원 2016.11.17 2016고단6362

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person who operates an insurance consulting company called D at the Gyeonggi City from April 2015 to his withdrawal after serving as an insurance solicitor at the victim PPP company. Defendant B is a person who works as an employee of the said PPP company from May 2014 to January 2016.

1. No joint criminal offender shall intrude the information and communications network without access authority or beyond the permitted access authority;

Nevertheless, Defendant A, by accessing the portal site operated by the victim Plasta (ga.peoplif.co.k.r) in mind to use the data owned by the victim for insurance business of D, and around August 2015, Defendant A, at the above D office, informed Defendant B of the ID and password capable of accessing the above portal site. Defendant B, upon receiving the above request from Defendant A, notified Defendant A of his ID and password without the victim’s consent, and Defendant A visited the above portal site without the victim’s consent.

Accordingly, the Defendants conspired and intruded on the victim’s information and communications network without legitimate access authority or beyond permitted access authority on August 2015.

2. No defendant A shall intrude into an information and communications network without access authority or beyond the permitted access authority;

Nevertheless, the Defendant, as stated in paragraph (1), sent the ID and password of B to E, who is the employee of D, and then sent the above ID and password to E, who access the above portal site and instructed E, to download various materials necessary for the insurance business owned by the victim. Accordingly, E enters the above ID and password over several times from August 31, 2015 to November 18, 2015 according to the above order.