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(영문) 대구지방법원 2017.09.08 2017고정1464

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of the “C” consulting company in Daegu Jung-gu, and the victim D was working in the said “C” from around April 2016 to December 22 of the same year.

1. A person who violates the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Violation of Information and Communications Network, etc.) shall not intrude into an information and communications network without legitimate access authority or beyond permitted access authority. However, the Defendant infringed on an information and communications network without legitimate access authority by using the victim ID and password stored in the Internet website (www.naver.com) during the use of a public computer at the same location on January 18, 2017.

2. Although a person who violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. does not damage another person’s information processed, stored, or transmitted through an information and communications network, or infringe, stolen, or divulge another person’s secret, the Defendant divulged the victim’s secret by photographing the victim’s account by means of the method as set forth in paragraph 1, and then transmitting the victim’s secret to F, a representative of E via Kakao x message.

Summary of Evidence

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against D;

1. A statement prepared by the F;

1. Records of each Rog, the Kakao Stockholm content, photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (finding report on the results of request for provision of communication data), investigation report (report on the details of statements by a witness), investigation report (F telephone statement hearing);

1. Article 71(1)9 and Article 48(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense and Article 71(1)9 of the relevant Act, and Article 71(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc.