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(영문) 서울중앙지방법원 2015.01.30 2014고단10148

정보통신망이용촉진및정보보호등에관한법률위반등

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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

1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall knowingly receive any divulged personal information for profit or any unlawful purpose;

Nevertheless, around March 19, 2013, the Defendant purchased and sold the African TV users’ passwords, and received 100 IDs and passwords, which are the personal information of the African TV users, from the needy person, by the e-mail used by the Defendant, from around 100 won per case, from around 2,4,5,7,7,9,10,13 to March 4, 2014, with knowledge of the fact that the Defendant disclosed 14 times in total, including the No. 1, 2, 4, 5, 7, 9, 10, 13-19, a total of 47,041 items of IDs and passwords, which are personal information of the African TV users.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall damage another person's information processed, stored, or transmitted through an information and communications network,

Nevertheless, around May 6, 2013, the Defendant sold and divulged 16,202 the ID and passwords of African TV, which are the secrets of other persons kept by an information and communications network five times in total, from around that time to August 3, 2014, by selling 102 of the above personal information that the Defendant acquired by the Defendant to the user from the PC bank located in Seo-gu, Gwangju Metropolitan City, as described in attached Table 3, 6, 8, 11, and 12.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records;

1. Promotion of the use of information and communications networks and protection of information pertaining to facts constituting an offense;