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(영문) 서울중앙지방법원 2013.12.24 2013고정6085

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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, who set aside from Company B and operates Company C, was not entitled to access to the management account (F) of Internet shopping mall D (E) operated by Company B and the Internet e-mail account (G) used by the said Company, but was willing to access each of the above accounts in order to acquire membership information, commodities information, etc.

1. On March 14, 2013, at around 21:19, the Defendant arbitrarily accessed the information and communications network without any access authority by accessing the said management account six times from that time to March 22, 2013, such as: (a) the Defendant’s arbitrary access to the Internet shopping mall D (E) management account, either directly or through C’s employees, by means of I, J, and K, who are employees of Gangdong-gu Seoul Metropolitan Government; and (b) the Defendant arbitrarily accessed the information and communications network without access authority.

2. On February 8, 2013, the Defendant arbitrarily accessed the e-mail account as shown in the attached Table, such as arbitrarily accessing the Internet e-mail account (G) used by the Co., Ltd. at the same place as the preceding paragraph, at around 12:00, and infringed on the information and communications network without access authority, from that time to March 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, the J, K, and I;

1. Statement of the police concerning L;

1. Application of Acts and subordinate statutes concerning CDs, Internet e-mail access records, and promotional materials;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the choice of applicable laws and punishment for criminal facts, and the choice of fines;

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;