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(영문) 서울남부지방법원 2015.11.09 2015고정1729

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

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

The Defendant became aware of the victim C’s Gogle account and password among his/her duties who work as an employee in the shopping mall for purchasing foreign goods by proxy.

1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection (information and communications networks) shall intrude into an information and communications network without access authority or allowed;

On November 18, 2014, the Defendant visited the Internet site "E" at the Defendant's home located in Geumcheon-gu Seoul Metropolitan Government, entered the ID and password of the victim who became aware of in the course of the above Internet shopping mall in order to seal it without permission, and invaded the victim's information and communications network without access authority by confirming the victim's reserve accumulated on the above website.

2. The Defendant attempted to commit fraud, without the victim’s consent, by accessing the above E site without the victim’s consent, at the time and place specified in paragraph (1), confirmed that there was USD 30,650.50 ( approximately KRW 33,684,350) of the victim’s above site reserve, and had mind to withdraw the said reserve after transferring it to the Defendant’s Internet settlement service account.

Accordingly, the defendant entered the victim's account and password into the E site and sent e-mail requesting the defendant to transfer USD 30,650.50 to the defendant's Pack account by driving the above site manager as if the defendant was a victim.

그러나 사실은 피고인은 피해자의 동의를 받은 사실이 없었고 피해자의 계정을 해킹한 후 피해자의 적립금을 가로챌 생각이었다.

As such, the Defendant attempted to withdraw money after deceiving the above site manager and transferring the victim’s reserve. However, the Defendant attempted to commit an attempted crime by preventing the victim from transferring the victim’s reserve by becoming aware of the above fact.

(i) the evidence;