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(영문) 대구지방법원 2017.09.26 2017고단3866
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)등
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A defendant shall be punished by imprisonment for one year.

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

1. No person who violates the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. (Leakage, etc. of personal information) shall knowingly receive any divulged personal information for profit or any unlawful purpose;

Nevertheless, around January 11, 2016, the Defendant received “naver 35.txt” files, including 35 personal information, such as another person’s name, telephone number, date of birth, etc., from sales in an unscam, despite being aware of hacking or illegal leakage, from around 601, and received 20,000 won per file from sales in an unscam for the purpose of selling personal information, as shown in attached Table 1, until February 17, 2017.

As a result, the Defendant knowingly received personal information for the purpose of profit-making.

2. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information and Communications Network (violation, etc. of Information and Communications Network) shall intrude into an information and communications network without legitimate authority

Nevertheless, the Defendant, at the place described in the foregoing Paragraph 1 around August 6, 2016, conducted as if he/she had contacted a program seller, writing that sells a variety of programs on the Internet site and purchased a program, and conducted a test before purchasing the program, and then implemented a remote connection program, “the team interview”, which is a remote connection program, connected to the computers of the boxes and stored in the computer.

A total of 26 times from the time of the automatic input program file ‘the 9 files' stored in the Defendant's computer, as well as from March 2, 2017, 358 files stored in another person's computer throughout 26 times as shown in the list of crimes in attached Form 2.

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