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(영문) 서울동부지방법원 2014.08.13 2014고정1023

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

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

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.

From July 2013 to November 2011 of the same year, the Defendant sent the victim’s personal information and data files, such as the victim’s sexual organ pictures and conversations between the victim and others, by using the victim’s Internet NAVB’s ID and password, which came to know around 2010, to the Defendant or others.

Accordingly, the defendant infringed and leaked the victim's secret stored in the information and communication network.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a petition (including attached materials);

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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