정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.
On March 29, 2017, from around 10:00 to March 31, 2017, the Defendant violated the information and communications network beyond the permitted access authority by allowing the victim D, the above apartment management complaint, to receive the account and password of the manager of the website from the victim D, who was an apartment management complaint, to confirm the operation system of the website through the Defendant’s Nowon-gu apartment C’s Nowon-gu, within the business territory of Gyeonggi-do, and by allowing the victim D, the above apartment management complaint, to access the manager’s account with an opportunity to receive the account and password. The Defendant committed an act of infringing on the information and communications network beyond the permitted access authority by changing the personal information (e.g.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Personal information infringement data (the defendant and his defense counsel asserted to the effect that the defendant's act constitutes a justifiable act since the establishment of the website was changed with the approval of the apartment management complaint D.
However, according to the evidence duly adopted and examined by this court, it is recognized that the defendant arbitrarily changed its establishment even though he did not allow the defendant to disclose the manager's account and password to improve the function of the apartment homepage while the defendant becomes a manager of the apartment homepage at the time of this case, and that D did not allow the defendant to disclose it to the manager's account and password, but did not allow the defendant to arbitrarily change its establishment.
Therefore, although the defendant did not have the authority to establish and change personal information from the service provider of apartment homepage, the act of changing such establishment constitutes an act of unfairly infringing on the information and communications network (Supreme Court Decision 2005Do870 Decided November 25, 2005).