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(영문) 수원지방법원 2014.07.23 2014고단2986

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant: (a) was in contact with the NAN Messenger’s house located in Suwon-si, Suwon-si; (b) was sent by C to the effect that “sale of personal information” was intended to acquire another person’s personal information in order to promote the earth site operated by C; (c) made contact with C to clarify the intent to purchase personal information; and (d) remitted KRW 110,000 to C’s account; and (c) received a file containing 1,000 personal information from C through NA Messen.

In this way, the defendant was knowingly provided with personal information divulged to others for profit or for an unlawful purpose.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of examination of suspect against C by the prosecution (Evidence No. 9);

1. Each report on internal investigation (the sequence 2 through 4 in the list of evidence);

1. Application of statutes on details of financial transactions;

1. Article 71 of the Act on the Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc. concerning the relevant criminal facts and Articles 71 subparagraph 6 and 28-2 (2) of the Act on the Selection of Criminal Crimes;

1. All the circumstances, including the fact that the reason for sentencing under Article 62(1) of the Criminal Act is highly likely to be exposed to many unspecified persons by illegally distributing personal information of the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution, and the social harm caused by the same crime in this case is considerable; on the other hand, the Defendant’s mistake is against himself/herself; the Defendant