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(영문) 수원지방법원 안산지원 2020.02.18 2019고정816
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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

1. On January 13, 2019, the Defendant infringed on an information and communications network without access authority by accessing the said e-mail account over 232 times in total from around 08:00 on April 11, 2019, as shown in Appendix 1, as shown in Appendix 1, including accessing D’s e-mail, without obtaining D’s consent, in light of B, C, and without obtaining D’s consent during a divorce proceeding.

2. On December 28, 2018, around 11:46, the Defendant intruded into an information and communications network without access authority by accessing the aforementioned Facebook account 37 times in total from around that time to April 07:00, 2019, as shown in Appendix 2, with the consent of Geumcheon-gu Seoul Metropolitan Government F G, his own workplace, and without the consent of the aforementioned D, which is being divorced.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the filing of a complaint and the log personal records;

1. Article 71 (1) 9 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

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

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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