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(영문) 인천지방법원 2018.11.07 2018고단6947

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall infringe on an information and communications network without legitimate access authority or beyond permitted access authority, and shall damage another person's information processed, stored, or transmitted through the information and communications network, or infringe on, misappropriate, or divulge another person's confidential information.

Nevertheless, on July 17, 2018, the Defendant would purchase game items by making an appointment fee to the victim E through D from the ‘CPC located on the first floor above the Won-gu Seoul Special Metropolitan City, Nowon-gu, 2018.

In order to make advance payment, Fadi Certification Number is required.

"Along with the identification of F and G ID, mobile phone number, and mobile phone certification number from the injured person, the victim's F account "H" and "G account" were connected, and the game items kept in the victim's account were moved to another account, and the victim's above F and G account was deleted.

Accordingly, the Defendant intruded on the information and communication network without legitimate access, and damaged other's information stored in the information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of JIP-Related Statutes

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (the point of intrusion on an information and communications network), Article 71 (1) 11 and 49 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (the point of intrusion on another person's secret) concerning facts constituting an offense, and the choice of fines;

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. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is a case where the defendant intrudes upon another person’s information and communications network without legitimate access, and damages another person’s information stored in the information and communications network, and the nature of the crime is not less exceptionally. The defendant is at the Incheon District Court on June 21, 2018.