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(영문) 서울북부지방법원 2014.04.21 2014고정842

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. No one shall knowingly receive any divulged personal information for profit or any unlawful purpose;

Nevertheless, on December 29, 2013, the Defendant received a purchase from “E” to sell ID and passwords, which are personal information already leaked through the Internet site at the CPC bank located in Gangdong-gu Seoul Metropolitan Government, for the purpose of using them for publicity for the sale of heavy vehicles at the Internet portal site.

2. No one shall intrude into an information and communications network without access authority or beyond the permitted access authority;

Nevertheless, from around 18:23 to 19:01 on December 29, 2013, the Defendant intruded into an information and communications network without legitimate authority, such as preparing a medium-sized sales notice by accessing D’s IDF and password purchased from the Internet NAV website as prescribed in paragraph (1) on several occasions at the Internet NAV website as prescribed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A D's petition (including the output of each Internet screen);

1. Application of the Acts and subordinate statutes requesting provision of communications data;

1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 71 and Article 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;