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집행유예
(영문) 대전지방법원 2012.2.17.선고 2012고단214 판결

통신비밀보호법위반,정보통신망이용촉진및정보보·호등에관한법률위반(정보통신망침해등),방실침입

Cases

2012 Highest 214 Violation of the Protection of Communications Secrets Act, promotion of utilization of information and communications networks, and information disclosure

Violation of the Protection, etc. Act (Violation of Information and Communications Network Act, etc.) and intrusion by fire.

Defendant

○○○ (00000 - 00000) - Public officials

Daejeon: Not more than Daejeon

Gwangju (hereinafter referred to as " Gwangju")

Prosecutor

Gambling (prosecutions) and on-site accommodation (Trial)

Defense Counsel

Law Firm Domestic, Attorney Yang Hong-soo

Imposition of Judgment

February 17, 2012

Text

A defendant shall be punished by imprisonment for one year and suspension of qualifications for a year.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal History Office

피고인은 Xxxx . x . x . 경 경찰공무원으로 임용되어 , XXXX . x . x . 경부터 대전지방경찰청 경무과 기획예산계 계장으로 근무하면서 대전지방경찰청 각 부서의 업무를 총괄 · 조정 하는 업무를 수행하여 왔다 .

After xxx x.x.x. x. x. x. x. the Defendant was unable to accurately grasp the major pending issues of the Daejeon District Police Agency in the course of performing his duties, and caused difficulties several times, and the Defendant’s accurate understanding of the major pending issues to be reported to the Administrator of Daejeon would be able to fully perform his duties as the planning and budget leader if he accurately grasps the major pending issues to be reported to the Administrator of Daejeon. Accordingly, the Defendant was able to fully perform his duties as the planning and budget leader by acquiring high personnel and scores from the Administrator of Daejeon and favorable to the general promotion on the external network computer used by the Administrator of Daejeon District Police Agency and recorded the reports and dialogue between the staff of the Daejeon District Police Agency and the staff of the staff of the Daejeon District Police Agency within the Daejeon District Police Agency.

From the beginning of December 201, the Defendant had an automatic recording program (Snooper 1), a computer automatic recording program, through Internet search, and a team interview (TaamVWer 2) which is a computer remote control program. Upon being aware of the fact, the Defendant attempted to listen to conversations with the head of Daejeon (Snooper) by recording the conversations with the office of the head of Daejeon by using the above Snoferer (Snooper) and then transmitting the recorded files to the Defendant’s computer by way of transmitting them to the Defendant’s computer.

On December 10 of the same year, the Defendant was set up on the Defendant’s computer after downloading the above program via the Internet, and then stored the foregoing program installation files in the e-mail account, separately from around the 12th day of the same month, by downloading them in the Defendant’s e-mail file format, and completed preparation for hearing, such as purchasing a self-defluence type high-performance micro (e-TM 001) around December 14 of the same year.

For this purpose, from December 12, 201, the Defendant repeated several times to test the method of using the program installed in the Defendant’s computer from around December 12, 201 to test the method of using the program and its performance. In addition, the Defendant’s program was installed in the Nowon-gu computer used for public use at the Defendant’s planning and budget office, and operated the crime such as sending the file from the above Nowon-gu computer to the Defendant’s computer by means of remote coordination and accessing the program to the Defendant’s computer.

1. Inflowment;

A. The Defendant, who pretended to install a computer program on the external network computer using the head of Daejeon Branch, had the intent to install an automatic recording program (Snooper), a remote automatic coordination program (TeaVer), and a high-performance ETM 01) on an external network computer, by entering the office of the head of Daejeon Branch.

The Defendant made a false statement to the Secretary General of the Daejeon District Office, located on the 77th channel from among the Seo-gu, Seogsan, Daejeon, Xxx.x.xx, “The Administrator of the Daejeon District Office would install an adequate educational program with the thickness on the external network computer 3).” The Defendant entered the Daejeon District Office with the above permission, and intruded into the room possessed by the Administrator of the Daejeon District Office.

B. On December 15, 201, at around 00, the Defendant was replaced on the ground that the computer used by the Administrator of Daejeon was lacking in the capacity, and the Defendant had the intent to re- install the Doard’s device on the replaced external network computer.

On December 16, 2011, at around 20: 18:20, the Defendant made a false statement that “The Administrator would install an educational program on an external network computer,” which is the secretary of the Daejeon Branch.” The Defendant entered the Daejeon Branch Office with the permission of the above Magae and intruded into the room possessed by the Administrator of Daejeon Branch.

2. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

가 . 피고인은 XXXX , XX , XX , XXxx경 위 대전청장 사무실에서 , 위 마이크 ( Edutige ETM 001 ) 를 대전청장 사용의 외부망 컴퓨터 마이크 단자에 연결하여 위 외부망 컴퓨 터 본체에 부착하고 대전청장 사용의 외부망 컴퓨터로 피고인의 이메일 ( gschung3 @ naver . com ) 계정에 접속하여 위 이메일 계정에 미리 저장해 두었던 위 스누퍼 ( Snooper ) 와 팀뷰어 ( Team Viewer ) 설치 프로그램을 대전청장 사용의 외부망 컴퓨터에 다운로드 받아 설치4 ) 하였다 .

On December 15, 2011: 07: at the office of the defendant at around 22, the defendant conduct a team interview program at the outside computer network for the defendant's use, and conduct a team interview (Taam Viewer) program at the outside computer network for the defendant's use, and interview (Taam Viewer) account at the outside network for the use of the program.

On the computer screen, it was confirmed that the external computer team interview (Tamy Viewer) - - - -- -- the ‘and password' --- -- the external computer of the head of Daejeon head of Daejeon is in contact with the external network computer for the use of Daejeon head of Daejeon by entering the " -- - the external computer of the head of Daejeon head of Daejeon."

Accordingly, the Defendant infringed upon the external network compliance using the information and communications network head without legitimate access authority.

B. On December 16, 201, the Defendant, at the office of the head of the Daejeon War: (a) around 29, at the office of the head of the Daejeon, sent the Defendant’s e-mail account with an external network access to the Defendant’s e-mail and stored in the said e-mail account, and sent the foregoing e-mail program (Snocer) and the team interview (Taam Vewer) to be downloaded on the external network computer used by the head of the Daejeon War, and installed e-mail (Taam VWer) program.

In Xxxx.x.x.x.x, and XX: the Defendant, at the office of the Defendant, conducted a team interview program at the external network of the Defendant’s use of the computer (Taam Vewer) and confirmed that the outside network interview (TaamVewer) account on the Defendant’s computer screen shown on the Defendant’s computer screen while conducting an external network interview (Taam Vewer) with the outside network interview with the Administrator of Daejeon’s external network of the World War (Taam Vewer) - - - the Defendant’s computer team interview with the head of Daejeon’s office.

At around 18:49 on the same day, the Defendant visited the Defendant’s office with the outside network computer used by the Administrator of Daejeon (Tam Viewer) using the program, and then sent an music file to the outside network computer used by the Administrator of the Daejeon Commissioner, 19:26 on the same day. At around 26, the Defendant sent the music file to the outside network computer used by the Commissioner of the Daejeon Commissioner, using the outside network computer used by the Defendant, and then sent the music file to the outside network used by the Administrator of the Daejeon Commissioner of the Daejeon Commissioner by 22:09 on the same day. At around 22:09, the Defendant used the above music file with the outside network used by the Administrator of the Daejeon Commissioner, recorded the music sound with the Snooper (Snooper) and sent the sound recorded by the Snooper (Snooper) with the outside network used by the Defendant.

Accordingly, the Defendant infringed upon the external network compliance using the information and communications network head without legitimate access authority.

3. Violation of the Protection of Communications Secrets Act;

In Xxxx.x.xxx, the Defendant recorded a conversation between others, which is not disclosed by recording the conversations between the above 2 and the △△△△△△ in the office of information and communication2 of Daejeon District Police Agency, with the Defendant’s program of micro (eduge ETM 001) and Snooper installed on the external network computer used by the head of Daejeon District Police Agency.

Summary of Evidence

1. Defendant's legal statement;

1 . ▷▷▷ , □□□ , 소 에 대한 각 검찰진술조서

1. Each police statement concerning 00, ① △△△△△△△△△△△, and △△△△△△;

1. Seizure records;

1. Each digital evidence analysis report;

1.Each investigation report;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 319(1) of the Criminal Act (Influence, Selection of Imprisonment), each information and communications network utilization promotion and information.

Article 72(1)1 and Article 48(1) of the Protection, etc. Act (Influence to Information and Communications Network and Imprisonment)

Selection) Articles 16(1)1 and 3(1) of the Protection of Communications Secrets Act (other persons not disclosed to the public)

The point of recording a conversation

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Grounds for sentencing

In this case, the defendant, who is a police officer, intrudes into the Daejeon Commissioner of the Daejeon Police Agency (hereinafter referred to as the "Administrator of the Daejeon Police Agency") twice in order to record and listen to the conversation contents, etc. of the commissioner of the Daejeon Police Agency (hereinafter referred to as the "Administrator of the Daejeon Police Agency"), and intrudes into the outside network computer used by the Administrator of the Daejeon Police Agency twice, and records conversations between others that have not been disclosed in the process once, it is necessary to strictly punish the defendant in light of the seriousness of the case.

However, considering the fact that the defendant led to the crime and is detained for about two months in this case, and that there is against the mistake, and that the principal pending issues reported to the head of the Daejeon National Assembly while working as the planning and budget leader are likely to lead to each of the crimes of this case in order to properly understand the principal pending issues that are reported to the head of the Daejeon National Assembly while working as the planning and budget leader, and that there is no criminal history, and that there is no criminal history, and that the police officer who has been working for about twenty-five years in this case is likely to lose his position as a police officer for about twenty-five years

Judges

Judges Long-gu et al.

Note tin

1) A sound recording program that does not limit the time of recording and that automatically leads to the automatic identification of the sound and that automatically ceases to be recorded.

of the recorded sound in MP3 file

2) Automatic implementation is a remote control program used in the course of remote management or control of other computers.

have an option function set forth in the section.

3) When a doping device is discovered, the Defendant is managed by the Samsung Economic Research Institute in an external network computer used by the Administrator of Daejeon for waiting the atmosphere.

www. Onceo .org sites are installed.

4) The team interview was automatically set up by Madiology, and, when the team interview is online, set up to enable remote coordination at any time.

was, and the Sarper did not establish a program only and operate a recording device.

5) The team interview was automatically set up by Madiology, and, when the team interview is online, set up to enable remote coordination at any time.

Along with the establishment of a program to be installed remotely from the office of the defendant using team interview at the office of the head of Daejeon.

The level of Roddd, which was moved to the new computer of the Administrator of Daejeon on December 15, 201, even during the process of replacing the Commissioner’s computer, shall be moved to the new computer of the Administrator of Daejeon.

was not established separately because of the fact that it was not established separately.

6) On board a computer of the external network for the use of the Administrator of Daejeon, automatic recording is being carried out automatically, and a sound above a certain level is reduced.

(2) such institution.