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(영문) 서울서부지방법원 2015.08.28 2015고단1497
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware of the website G of the music program D(PP : E and supervisory display: F) selling the music program that can verify the contents of the other party smartphone’s telephone calls, text records, telephone number records, telephone contents, pictures, and videos while making an external search on the portal site, while the Defendant was suspected of having his wife C’s external intention, and was able to confirm C’s mobile phone calls by purchasing the music program at the above website.

1. No one shall destroy, destroy, alter, or forge an information and communications system, data, program, or similar without any justifiable ground, nor shall convey or distribute any program that is likely to obstruct the operation thereof;

Nevertheless, around October 8, 2014, the Defendant deposited 498,000 won in the name of the national bank account (J) in the above site deposit account in order to purchase D passport messages at H in Eunpyeong-gu Seoul, Seoul, and thereafter, the Defendant sent the URL address (PP : L: PP : M) to which the Defendant’s spouse can install DP from K (PP : PP : M) and installed a sign for players with the Defendant’s mobile phone (N) without consent when the Defendant’s spouse is in existence, after transmitting the above URL address that can be installed for players with C’s cell phone (N) text messages, and installing a sign for players with the Defendant’s mobile phone (O).

Accordingly, the defendant has damaged, destroyed, altered, or forged data, programs, etc. or transmitted or disseminated programs that could interfere with the operation thereof.

2. No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge another person's secrets;

Nevertheless, the Defendant’s cell phone from October 8, 2014 to February 28, 2014, which is kept in C’s cellular phone with the same method as that of the preceding paragraph in the same manner as that of the preceding paragraph.

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