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(영문) 서울중앙지방법원 2014.08.14 2014고정1860

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

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

Nevertheless, around July 10, 2013, the Defendant, using smartphones (D) used by himself, his domicile, Seoul Jung-gu C and 106 Do 2302, his domicile, entered the ID and password of “N” “N” that was used only for the prior business prior to retirement from the Defendant, and then intruded on an information and communications network without legitimate access authority by moving off 512 copies of “N”, which was used only for the business prior to retirement from the said account, to the permanent elimination.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning G;

1. A written petition;

1. Application of Acts and subordinate statutes to the content of a record reply sent to the Nene customer center;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;