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(영문) 부산지방법원 2014.10.29 2014고단3811

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

Defendant

A Imprisonment with prison labor for six years, for three years, for Defendant B, for two years and six months, for Defendant C, and for one year.

Reasons

Punishment of the crime

1. The Defendants, on January 2013, through hackinging the number of adult Internet sites, thereby securing information on subscribers, thereby securing more information on subscribers through opening a free membership website (K) without any specific content, and, by utilizing the information on the subscribers, conspired to avoid tracking the investigation agency by means of obtaining money from unspecified persons under the Act on Compulsory Performance and Payment of Small Amount, as if they were members of L, who do not properly join the said website, by using the information on the subscribers, and making it difficult for them to freely make small payments, or as if they were the free members of the said site, who were the fee members of the said “K,” and as if they were the fee members, they would have been aware of the fact of small payment, by obtaining money from unspecified persons by means of the method of demanding small amount settlement at will, and either cancelling or returning it.

As a result, Defendant A, taking overall control of the crime, hackinged the ID and password of the manager of the adult Internet site, and informed Defendant C of such hacking. Defendant C of the illegal collection of subscriber information, and sent it to Defendant C as if the user was the fee member of the above “L” site and the “K” site, and then entered the subscriber’s “portable telephone number, correspondence operator, resident registration number, etc.” into the “Small-Sum Settlement Approval Code” provided by the mobile carrier, which is the company providing the said “L” site and the “K” site, and then received it as if the user was the fee member of the said “K.”

Defendant

C created the above “K site by setting up a course of study from the Internet and using a ID and password delivered by Defendant A, thereby infringing on the Internet website and collecting information of the subscriber and delivering it to Defendant A.

Defendant

B Otherwise, so that “L” sites already operated may be used for the above crimes.