beta
(영문) 대법원 2013.10.17 2012도4387

정보통신망이용촉진및정보보호등에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the crime of violating Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) is established when Defendant A intrudes on an information and communications network without access authority or beyond permitted access authority.

(2) Article 48(1) of the Information and Communications Network Act provides that “Influence” under Article 48(1) of the Information and Communications Network Act or “influence” under Article 75 of the Information and Communications Network Act shall be construed as “influence” under Article 48(1) of the Information and Communications Network Act or “influence” under Article 75 of the Information and Communications Network Act and “influence” under Article 75 of the Information and Communications Network Act.

2. Examining the reasoning of the lower judgment on the grounds of appeal by Defendants B, C, D, E, and F in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court, on the grounds stated in its reasoning, determined that the facts charged for the intrusion of structures against Defendants D, E, and F and the facts charged for the intrusion of information and communications networks against the Defendants, may be recognized. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and violating logical and empirical rules, or by misapprehending the legal doctrine on the concept

3. As to the Prosecutor’s Grounds of Appeal

A. Article 22(1) main sentence of the Information and Communications Network Act (hereinafter “this case’s provision”) requires a provider of information and communications services to inform users of the purpose of collecting and using personal information (Article 22(1) of the Act, items of collected personal information (Article 22(1)1), and the period of holding and using personal information (Article 22(1)3).