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(영문) 인천지방법원 2015.05.11 2014고단3503 (1)
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who operates (StateB) Internet service agency.

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Nevertheless, at around 18:46 on October 28, 2013, the Defendant sent 200,000 personal information data (name, resident registration number, telephone number, address, type of goods subscribed for communications, number of account, etc.) from E to a file using a hypt, and then sent 70,500,000 files, which are personal information data (name, resident registration number, telephone number, address, type of goods subscribed for communications, number of account number, etc.) to be used for the Defendant’s Internet service agency business, with knowledge of the fact that the personal information of E was distributed by illegal means, while accessing the Internet hypt site by using the computer at (State) B office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to the Defendant Dypt (D).

As a result, the defendant knew of the divulged personal information, received it for profit or illegal purpose.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Copy of the third protocol of examination of suspect to the prosecution regarding E;

1. Application of Acts and subordinate statutes to report internal investigation (a copy of transfer records of 2014-01549 case, details of transfer of personal information transaction, attachment of details of transfer to accounts, etc.);

1. To take into account Article 71 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts, Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., Article 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc

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