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(영문) 서울동부지방법원 2018.11.02 2018고정506

컴퓨터등손괴업무방해

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

At around 17:00 on February 22, 2017, the Defendant retired from the office of “D” in Gangnam-gu Seoul Metropolitan Government C2’s working for the Defendant, on the ground that the Victim E, the representative of the company, had expressed his desire. The Defendant permanently deleted 47 computer files as indicated in the attached crime list, such as “F gas station estimate” stored in the company’s computer sharing ter managed by the Defendant, thereby preventing the victim and the employees of the company from using the said computer files.

Accordingly, the Defendant interfered with the operation of the victim's company by causing interference with information processing by destroying the above computer files, which are electronic records.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. The list of project deletion items, the business registration certificate (in full view of the evidence duly adopted and examined by this court and the type, characteristics, etc. of the files deleted by the defendant, it may be recognized that the defendant, by destroying computer files recorded in the facts charged, makes it difficult for the victim to perform his/her duties or delays, and thereby hindering his/her duties);

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (2) and Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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