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(영문) 수원지방법원 여주지원 2013.09.16 2013고정355

정보통신망이용촉진및정보보호등에관한법률위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant shall be the chairperson of the Korea Trade Union (D) No. 20 of the C Co., Ltd. in Ischeon-si B.

No one shall damage any other person's information processed, stored or transmitted through an information and communications network, or infringe, misappropriate, or divulge any secrets, and shall not intrude into an information and communications network without access authority.

Nevertheless, the Defendant was able to find out other information, such as policy routes under Article 1 of the Trade Union and Labor Relations Adjustment Act, and around April 2012, the victim E (the age 41 and the Vice-Chairperson of Article 1 of the C Co., Ltd.), an executive officer of the Trade Union and Labor Relations Adjustment Act, connects to the intra-company computer system (F) and was memoryed with the ID and password.

On June 25, 2012, at around 11:05, the Defendant, using a computer installed at the site of a company cooperation and operation team, visited the victim’s ID and password, without access authority, to the company computer system without any justifiable authority, perused the details of the victim’s benefits, e-mail, etc., and received data from the victim.

In addition, from around that time to October 25, 2012, from around 05:10 to around 05:10, the Defendant infringed on the victim’s e-mail, etc., such as “crime Day I (information on infringement of the ID and password)” as shown in the separate sheet 13 times in total, and infringed on the victim’s secrets by viewing the victim’s e-mail, etc., such as “crime Day II (information on perusal of e-mail)” as shown in the separate sheet 25 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and H;

1. Application of Acts and subordinate statutes on documentary evidence;

1. Article 71 subparagraph 11 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 71 of the relevant Act and Article 71 of the Act on Promotion of Information and Communications Network Utilization and Punishment, Etc., and Articles 72 (1) 1 and 48 (1) of the same Act (the point where any person intrudes on an information and communications network without legitimate access authority), respectively, concerning criminal facts;