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(영문) 서울남부지방법원 2017.08.18 2017고정1144

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person who transmits advertising information for profit by using an electronic transmission medium shall take measures to automatically generate an addressee's contact information by combining numbers, codes, or letters.

From February 13, 2017 to April 12, 2017, the Defendant automatically created the recipient’s phone number using X-cella program on the third floor of Geumcheon-gu Seoul, Geumcheon-gu and Geumcheon-gu, Seoul, and sent the Internet subscription letters to 16,823 recipients.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on a mail which requests the investigation of the Net Promotion Agency of Korea;

1. Article 74 (1) 4 and Article 50 (5) 2 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74 (1) 4 and 50 (5) 2 of the same Act;

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;