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(영문) 대구지방법원 경주지원 2013.05.07 2013고정85

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the Director General of the Secretariat of the Gyeongbuk-do Party B, and C is the Director General of the Organization of the Gyeongbuk-do Party B.

C was hospitalized at the hospital around June 201 of the same month while in charge of the intra-party election affairs around June 2012, upon request from D, who is the Director General of the Public Relations Office of the Gyeongdo Party, the ID and password of C e-mail (E) were informed D.

During that day, the above D had to go fast from June 23, 2012, and upon requesting the Defendant to conduct election-related affairs in the party, the Defendant informed the Defendant of the ID and password of the C’s e-mail, and the Defendant, at the office of the party Gyeongbuk-do Party located in the Sinsan City F at around 13:18 on the same day, entered the ID and password of the C’s e-mail into the above website by using the computer in its location, and then put the w.krea.com with C’s e-mail ID and password into the above website.

At the time, the above C and D allowed the Defendant to access the above e-mail and search the e-mail only with respect to the search and adjustment of the data sent by the candidates for registration to C in connection with the party election, but the Defendant, without any justifiable reason, perused the e-mail content beyond the permitted access authority and infringed on

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to C, G, H, and I;

1. Application of Acts and subordinate statutes to a criminal investigation report (Statement of Telephone Communications for Witnesses);

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. concerning the relevant criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination on the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is that the Defendant’s act was inevitably made available for perusal of e-mail in order to discover and detect the leakage of a roster of party members. This is due to the work under Article 20 of the Criminal Act