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(영문) 청주지방법원 2016.06.10 2016고정49
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

1. The defendant shall be punished by a fine not exceeding seven hundred thousand won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

Although the Defendant was not allowed to intrude into an information and communications network without legitimate access authority or beyond permitted access authority, the Defendant infringed upon an information and communications network without legitimate access, such as allowing access by accessing the Internet site No. D’s automatic route access to the No.S. website N.D’s Internet site N.D., using D’s automatic route function from July 7, 2014 to July 24, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and E;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. The Defendant asserts that the Defendant’s argument regarding Article 70(1) and Article 69(2) of the Criminal Act regarding the detention of the Nowon-gu Station is that, in order to verify the contents of the company’s business, such as orders, etc., returned by the retired business personnel, the Defendant’s right to access or constitutes a legitimate act, since he/she automatically connects the web harder with the web harder’s function.

Article 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is not a provision for protecting users' trust or interests, but for protecting the stability of information and communications networks themselves and the reliability of such information. The subject granting access or setting the permissible scope is a provider of information and communications services.

Therefore, it is based on the access authority granted by the provider of information and communications services to a third party, who is not the nominal owner of the account, has access to the information and communications network.

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