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(영문) 대구지방법원 김천지원 2017.10.17 2017고정276
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

Nevertheless, on January 2, 2016, at the defendant's house located in Gumi-si C and 303, the defendant sent D's ID and password received from a person who is not aware of his name via the Internet Nt Medi (E) and the Internet Ntter site by using the Internet Nt Medi (E) and password, and then posted a letter of sex and public relations in the Internet bulletin board of the "Nber knowledgeIN" in writing without legitimate authority to use another's secret.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Details of text messages made by hacking with public relations organizations, and the application of Acts and subordinate statutes on reply to a warrant;

1. Article 71 Subparag. 11 and Article 49 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is reasonable to interpret Article 334(1) of the Criminal Procedure Act that “other person” under Article 49 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. includes not only an individual who is alive but also an unrealistic delivery (see, e.g., Supreme Court Decision 2007Do2162, Jun. 14, 2007) of the Criminal Procedure Act. Thus, it is reasonable to interpret that “a person” under Article 49 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc. includes not only an individual who is alive but also an unauthorized person.

Even if the defendant's intention to commit the crime can be fully recognized] Part of the crime not committed.

1. No person prosecuted shall knowingly receive any divulged personal information for profit or any unlawful purpose;

Nevertheless, the Defendant from September 7, 2015 to October 2015.

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