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(영문) 수원지방법원 안산지원 2017.03.16 2016고정1373

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, on March 7, 2016, the Defendant: (a) entered the victim B’s ID and password illegally purchased at the Internet rice Luxembourg bulletin board in sequential order and accessed without legitimate authority; (b) entered the victim B’s ID and password in order at the same site on the same site at the 09:33 square site, and accessed the victim’s information and communications network without legitimate authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. B written statements;

1. Application of Acts and subordinate statutes to a warrant of search and seizure inspection and reply materials (which shall not exceed 59 pages of evidence records);

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. (amended by Act No. 13520, Dec. 1, 2015; hereafter referred to as the “Act”) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;