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(영문) 서울서부지방법원 2014.12.02 2014고정768

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged shall not intrude into an information and communications network without access authority or beyond the permitted access authority;

Nevertheless, on February 18, 2013, the Defendant intruded into an information and communications network server without any access authority over 43 occasions (round 1, 2, 4, 5 through 7, 13, 14, 16, 17, 25, 26, 39, 40, 46, 53, 53, and 65 were deleted as a result of the amendment to the indictment) as shown in the list of crimes in attached Form 43 until July 16, 2013.

2. The key issue of the instant case is whether the Defendant has the right to access the D Company server operated by the Victim C Co., Ltd.

According to the evidence duly adopted and examined by this court, the defendant was found to have been in charge of the maintenance and repair of the victim company's website and the ERP system since he/she developed the victim company's online business team support system from July 2009 to December 201 while working as the head of the victim company's online business team. ② A entered the victim company's online business division around February 201 and had been in charge of computer-related affairs from the defendant. However, the defendant was in charge of the maintenance and repair of the victim company's online business division after his/her withdrawal. ③ The defendant requested the defendant to assist him/her from time to time in relation to the maintenance and management of the ERP system after his/her withdrawal. ④ Accordingly, it is recognized that the defendant assisted him/her in the method of modifying the letter delivery program and revised the remote control program.

The records of this case are as follows.