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(영문) 수원지방법원 여주지원 2015.08.24 2015고정138

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 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, misappropriate, or divulge another person's confidential information, and shall intrude into an information and communications network without access authority or beyond the permitted access authority.

At around 03:14:37 on May 30, 2013, the Defendant: (a) had access to the Defendant’s residence located in Ansan-si B, to use the ID and password of E; (b) had access to the Defendant’s residence, to find out the current status of sales of special camping out of the ASaria, which is sold by the Dispute Settlement Bank Co., Ltd., and the unit price of overseas revenue prices, and had access to the said D over 35 times in total, as shown in the annexed crime list, from July 23, 2013 to July 5, 2015.

As such, the Defendant infringed another’s secrets stored in the information and communications network, and infringed on the information and communications network without access authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint;

1. Data on the assigned information data on access Asia;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications with transaction agencies G companies);

1. Relevant statutory provisions concerning criminal facts, Articles 71 subparagraph 11 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 72 (1) 1 and 48 (1) 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.