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(영문) 광주지방법원 순천지원 2019.05.16 2018고단409
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On October 29, 2014, the Defendant was sentenced to six months of imprisonment for criminal fraud in the Jeonju District Court’s military mountain support, and on May 4, 2015, the military prison completed the execution of the above sentence.

[Criminal Facts] The Defendant is a person using “C, D, and E” at the Internet “B” website.

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Nevertheless, on January 11, 2017, the Defendant received the personal information from the Defendant’s residence located in F at F, and then sold the personal information DB via the Internet website for the purpose of obtaining profits from resale, and received 4,849 files of “M” in which the personal information was stored, including Adi G, Divine H, H, telephone number I, bank J, bank account number K, account number K, and name L,” and received 2,041,327 personal information stored in the 495 files listed in the attached list of crimes (1) from around March 2017.

Accordingly, the Defendant knew of the divulged personal information, received the personal information for profit or for an unlawful purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A CD (Attachment of a seizure file);

1. Investigation report (request for digital evidence analysis and results related thereto), investigation report (final revised personal information files storage cd file of records);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of repeated crimes of suspects);

1. Article 71 (1) 6 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 (1) 6 and 28 (2) of the Act on Promotion, etc

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)2 of the Criminal Act leads to the instant crime during the period of repeated crime, and the Defendant acquired.

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