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(영문) 전주지방법원 2016.12.22 2016고단1822
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

From February 2, 2015 to June 201 of the same year, the Defendant: (a) deposited a member of the Kafeng-gu Seoul Metropolitan Building Building Building Building Building Co., Ltd. in the name of “D” through the Internet website; (b) entered into a contract with a nameless camera operator who reported the contact; and (c) entered into a contract with another’s Internet site (E) which he acquired by illegal means, such as hacking, in collusion with a nameless hacking business operator; and (d) arbitrarily entered a member in the F car page using the relevant password and then sent a large number of members to the 34 Kaf in total by using the relevant password as shown in the list of crimes in the attached list of crimes.

Accordingly, the Defendant infringed on the information and communication network without access authority.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to each investigation report (to attach DNA response data, to submit reference data relating to the list of crimes, and to report accompanying such data);

1. The penal provisions of this case concerning criminal facts in Article 72(1)1 and Article 48(1) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 14080, Mar. 22, 2016) (amended by Act No. 14080, Jun. 22, 2016) were deleted, but they were deleted by the amendment of the above Act (amended by Act No. 1, the main sentence of Article 1 of the Addenda). However, according to Article 4 of the Addenda, when penal provisions are applied to acts before the enforcement of the above amended Act, they are subject

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;

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