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(영문) 대구지방법원 2019.06.27 2019고정475

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 26, 2018, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daegu District Court on September 14, 2018, and the judgment became final and conclusive on September 14, 2018.

No one shall damage other person's information processed, stored or transmitted through an information and communications network.

At around 02:10 on December 16, 2017, the Defendant, while working as “CPC bank” located on the fourth floor of the building B at Suwon City, came to know of the ID and password of the victim F’s D Game account in relation to the development of the character of the D game by E in relation to the development of the character of the D game, and transferred the victim’s item, etc. to the account in the name of G by entering the victim’s ID and password into the order on the game.

Accordingly, the defendant damaged another person's information processed, stored, or transmitted through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. A written petition;

1. H-Access IP, etc., replys;

1. Previous convictions: Criminal history records, investigation reports (verification of suspect rulings and present address), Daegu District Court Decision 2018No2491, Supreme Court Decision 2018No2491 and the results of case search conducted by the Supreme Court B;

1. Article 71 (1) 11 and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable circumstance that has already been punished several times due to the same crime, etc., including imprisonment: A confession and rebuttal; a judgment should be taken into account at the same time with the case of fraud, etc. in which judgment has become final and conclusive; and the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc.