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(영문) 수원지방법원 2020.08.20 2019가단571602
손해배상(기)
Text

1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiff and 5% per annum from January 9, 2020 to August 20, 2020.

Reasons

1. Basic facts

A. On December 11, 2015, the Plaintiff published a book “D” and “E” on April 14, 2017, and made and operated the “D” (hereinafter “instant PP”) from around December 2015.

B. The Defendants, as those who became aware of each other through the open hosting room of the Kakakakao Kakaoth relating to marketing, hackinged the accounts of the Kakaspbook, and conspired to gain profits from advertising by using hackinging and selling it to a third party. From September 27, 2017 to February 2018, the Defendants opened several Kasping sites and opened several advertising messages from September 27, 2017, and collected the Plaintiff’s Kaspbook and passwords by allowing the unspecified users of the Kaspbook to enter the ID and password.

Around October 12, 2017, the Defendants visited the Plaintiff’s Facebook by using the Plaintiff’s Facebook and password, and then changed the Plaintiff’s name and deleted the Plaintiff’s right to manage the Facebook.

On November 1, 2017, the Defendants sold the instant page to F with KRW 53,00,000,000.

(hereinafter “instant tort”). C.

On October 25, 2018, the Defendants were indicted due to the instant illegal act, etc., and were sentenced to a judgment of conviction for each of ten months of imprisonment due to the violation of the Act on Promotion of Information and Communications Network Utilization

(Y) The Defendants and the Prosecutor appealed respectively, and the Defendants were sentenced to imprisonment with prison labor for 10 months and for 10 months on December 20, 2018 and sentenced to forfeiture.

(Li Government District Court 2018No3168). The above appellate judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion.

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