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(영문) 창원지방법원 2016.06.17 2016고단876

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, around January 6, 2016, the Defendant access to the Defendant’s apartment B at the Defendant’s office located in Kimhae-si, 603 Dong 1301, to the online game of “meat fluor fluor”, and instead, to the victim C, “I see the erode and password of width’s account, and the OPT added to it, instead of the erode test.

“After receiving the ID, password, andOTP from the injured party’s metari account from the injured party, the victim’s ID and password were entered, and then the game items in the following account were transferred to the Defendant’s account for the use of the Defendant.

Accordingly, the Defendant intruded on the information and communications network without legitimate authority or beyond permitted access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of cyber crimes and the application of statutes;

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