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(영문) 서울동부지방법원 2018.07.06 2018고정616

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 21, 2018, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Northern District Court on March 1, 2018, and the judgment became final and conclusive on March 1, 2018.

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, around May 2017, the Defendant accessed the above account without legitimate access by accessing the Internet NAV C (Desate: D) and passwords of the victim B (son, 37 years of age) purchased from the injured party in the room in Seoul Special Metropolitan City, which was located in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Reporting of cyber crimes;

1. Previous conviction: Application of the text of the judgment;

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 relevant Article of the Act on the Promotion of Utilization of Information and Communications Network and Selection of Fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;