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(영문) 부산지방법원 2018.04.06 2016고단6790
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, around October 8, 2014, the Defendant had access to the e-mail account (D) of a person without a name, using a hacking program to delete the personal information seized by a person without a name, at the Defendant’s house (AC No. 2 of Ansan-si), and had access to the e-mail account of a person without a name, around four months from that time to January 2015, as shown in the attached Table [Attachment 2] between around six months from that time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to data on the analysis of each photograph/video output (including a black picture and computer monitoring output), investigation report (net 309) (netly 309), and a person who expands the package of an application program that is applied to the inside drum (Adrode, APK);

1. Article 72(1)1 and Article 48(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016) of the same Act and the Gu on the Selection of Punishment of Criminal Facts ( punished by imprisonment)

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation are as follows: (a) there is a significant probability that the accused has been subject to juvenile protective disposition for the same type of crime in 2014; and (b) Meanwhile, the number of days of detention is considerable; and (c) the portion of innocence is considered

1. The Prosecutor’s summary of the facts charged in this part of the facts charged: (i) the Defendant’s physical camping “scam” (a) induces the other party to conduct obscenity and has the other party do so after recording it.

For a person subject to intimidation, a video recorded by a person subject to threat at his body camp (hereinafter referred to as “the instant video of the victim”), regardless of the victims.

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