beta
(영문) 서울동부지방법원 2017.06.20 2017고정514

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 5, 2016, no one may intrude into an information and communications network without legitimate access authority or beyond permitted access authority. However, the Defendant, using a computer at the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government, connected the Internet portal site server server server server, etc., and entered the victim’s e-mail ID and password, which was known in advance, and confirmed the content of the e-mail.

In addition, from October 31, 2016 to November 29, 2016, the Defendant accessed information and communications networks without legitimate access by accessing a total of 39 times, such as the content of the crime list, from around 31, 2016 to the Internet server or the next website account.

Summary of Evidence

1. Statement by the defendant in court;

1. A damage statement of D;

1. Application of the Acts and subordinate statutes to reply materials, internal investigation reports (Submission of the details of additional damage), internal investigation reports (the details of the report and confirmation of the details of IP contact)

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing conditions indicated in the instant case include: (a) the number of offenses committed by the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the Defendant did not agree with the victim; and (c) the Defendant did not have any criminal record for the same kind of offense; and (d) the sentence is determined as ordered by considering all the sentencing conditions