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(영문) 부산지방법원 2016.04.28 2015고단8679

통신비밀보호법위반등

Text

A defendant shall be punished by imprisonment for one year and six months and suspension of qualifications for one year.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On August 11, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Communications Secret Protection Act at the Busan District Court, and the said judgment became final and conclusive on August 19, 2015.

[Criminal facts] 2015 Highest 8679

1. On May 12, 201, the Defendant violated the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network, etc.) and the Act on Protection, Use, etc. of Location Information (Act on the Protection, Use, etc. of Location Information) was collected location information by accessing the old account in the name of the victim without the consent of the victim from around September 2, 201 to around September 2, 201, by infringing on the information and communications network without legitimate access of the victim’s location tracking service provided in the former text by means of location tracking service provided by the victim D.

2. On June 2013, the Defendant violated the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network, etc.) and the Act on Protection of Communications Secrets (Violation of Information and Communications Network Utilization, etc.) and the Act on Protection of Communications Secrets (hereinafter “PP”) set up a so-called “PPP”) that allows the Defendant to record and transmit the victim’s telephone contents

6. Around 17, at a restaurant where the trade name in Busan is unknown, recording the content of conversation between F, G and G with the victim and H without permission of the injured party, to the effect that the victim and H may have become aware of the identity of the defendant.

The defendant, without legitimate access, recorded a conversation between others that had not been disclosed by intrusion on the information and communications network without legitimate access.