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(영문) 광주지방법원 2013.05.10 2012고단2638

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

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Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The Prosecutor changed the facts charged twice on December 21, 2012 and April 5, 2013.

The Act on Promotion, etc. of Information and Communications Network Utilization and Information Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Network, etc.) is an employee belonging to F Co., Ltd. and the owner of the F Co., Ltd., and the owner of the agricultural company G (the owner of the instant corporation) (hereinafter referred to as the “instant corporation”). A is a person who comprehensively managed the Internet shopping mall website of agricultural products, such as H and I, registered in the name of the instant corporation. Defendant B is a social post-management of the instant corporation, and Defendant A was a person who was granted a manager’s authority upon the request of

On the other hand, Defendant A left the corporation of this case around April 18, 201, when there was a conflict with D and E due to the payment of performance rates, and around P.M. around April 18, 201, Defendant A opened and operated the Internet shopping mall website of the same kind of agricultural products as the corporation of this case, and asked Defendant B to receive data bees stored in the corporation server of this case to use data files stored in the corporation’s website for prompt construction of the website. On the same day, Defendant B explained the above circumstances.

However, Defendant A lost the authority to access the website server of the instant legal entity other than for the purpose of transferring the business to another person, as Defendant A set out in the instant legal entity, and Defendant B did not have the authority to access the website server of the instant legal entity for personal purposes.

Nevertheless, at around April 18, 2011, Defendant B copied data bees on the H et al. website, which was connected to the server of the instant legal entity and stored there, using the Internet, around 23:15:13, Nam-gu J apartment 106 Dong 203, Nam-gu, Nam-gu, Gwangju.

As a result, the Defendants conspired to have authority to access.