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(영문) 인천지방법원 2017.10.27 2016노4513
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to ① Violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Violation of Information and Communications Network, etc.) and interference with business affairs, the Defendant, as described in this part of the facts charged, did not allow H, an employee of the Defendant, to change the identification number of the account and not to inform the victim E of the identification number on December 10, 2013. ② As to interference with business affairs, the extension of the term of validity of domain name address does not include not only the extension of the term of validity of the domain name address in the duties of maintaining and repairing the web site agreed between the Defendant and the victim, but also the agreement was terminated pursuant to the termination agreement between the Defendant and the victim around December 2013.

It is difficult to see the defendant, and there was no intention to obstruct the business.

Nevertheless, the lower court found the Defendant guilty of each of the facts charged in this case based on each of the statements made by victims E and H with no credibility. Therefore, the lower court erred by misapprehending the facts.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network, etc.) and obstruction of business related to computers, etc., Defendant and his defense counsel also asserted the same purport as the grounds for appeal, and the lower court directly conducted the examination of evidence, such as going through the examination procedure for the victim E and the Defendant’s employees, and found the Defendant guilty of this part of the facts charged on the basis of the evidence in its judgment, including the above E and H’s legal statement and text photographing images, based on the determination of credibility in their statements.

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