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(영문) 서울중앙지방법원 2018.07.11 2017고정3376

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information and Communications Network (violation, etc. of Information and Communications Network) shall intrude into an information and communications network without legitimate authority

Nevertheless, until December 2015, the Defendant: (a) entered the manager’s account ID and password, which the Defendant had known in advance, into the website (E; hereinafter “instant website”) managed by the said company at the Defendant’s house located in Gangnam-gu Seoul and Da around March 28, 2017; and (b) contacted into an information and communications network without legitimate access, by accessing the information and communications network by entering the manager’s account ID and password, which were known to the company in advance, into the website (E; hereinafter “instant website”).

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Protection, etc. of Information shall damage any other person's information processed, stored, or transmitted through an information and communications network, or infringe on, misappropriate, or divulge any

Nevertheless, the Defendant had access to the instant website (E) managed by the instant company at the time, time, and place mentioned in the foregoing A, and thereby had damaged another’s information processed and stored through an information and communications network by eliminating all the comments posted on the said website.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness F;

1. A statement of the police fact-finding information about F and data attached thereto;

1. Application of the Acts and subordinate statutes on the details of G advertising and H settlement;

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (a point of intrusion on an information and communications network), Articles 71 (1) 11 and 49 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (a point of damage to information), and selection of fines for negligence concerning facts constituting an offense;

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

1. The Criminal Act to attract a workhouse;