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(영문) 서울동부지방법원 2016.04.27 2016고정112
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network Utilization Act) (hereinafter “C”) is a person who engages in the business of exporting fiberss overseas.

From around 2005 to 2013, the defendant was also a person who had been in charge of overseas business in the victim D E company.

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

Nevertheless, around May 12, 2015, the Defendant knew that the ID and password of the company’s e-mail site, which was known at the time when the Plaintiff worked to the KOE in the Dobong-gu Seoul Metropolitan Government F Building 801, did not change. In addition, the Defendant, upon entering the Internet e-mail account (G) and its password into an information and communications network without due authority, contacted 22 times from the date of such entry to August 19, 2015, by unauthorized access to the information and communications network.

2. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe on, misappropriate, or divulge another person's confidential information;

Nevertheless, the Defendant intruded into the Internet e-mail account (G) of Dobong-gu Seoul Metropolitan Government F Building Co., Ltd. on August 8, 2015, and infringed on the confidential information, such as a written estimate, sent by I, the customer of the KF Co., Ltd., stating the unit price, etc. on August 10, 2015, and a written estimate and a written estimate sent by the KF Co., Ltd., stating the unit price, etc. in the KF Co., Ltd. to the KF Co., Ltd. on August 13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation reports (to attach suspect PC allotment py, Internet access search record data);

1. Application of seizure records and statutes concerning the list of seizure;

1. Facilitation of the use of information and communications networks of criminal facts and the selection of punishment therefor and protection of information;

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