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(영문) 인천지방법원 2019.09.04 2019고단2206
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant

A shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Defendant

A and C are employees of the Bank E-Financial Center in Jung-gu Incheon Metropolitan City, and F are employees of the Bank E-Financial Center in the latter part of the above A who work for the Bank T-Nam branch in the latter part of the above A.

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 secret.

Nevertheless, around July 21, 2015, Defendant A, at the Bank E-Financial Center G money exchange center located in Jung-gu Incheon Metropolitan City, called “F to inquire about whether it is necessary for the performance of duties” by posting a phone, and notified F of C’s resident registration number as if it is necessary for the performance of duties. At around 18:28 of the same day, Defendant A had F access to bank card customer information and then confirmed C’s transaction details from January 8, 2015 to July 21, 2015, and issued it to B in the vicinity of the Incheon Jung-gu Incheon Metropolitan Government H on the same day.

As a result, Defendant A infringed another’s secret processed, stored or transmitted through an information and communications network.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement to C by the police;

1. Investigation reports (Attachment of details of inquiry by a complainant), and application of Acts and subordinate statutes on the details of approval for transactions with the complainants;

1. Article 71(1)11 and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); Article 34(1) of the Criminal Act; the selection of fines, etc.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was aware of his/her personal information as a bank source that he/she would be subject to punishment including any disadvantage in personnel affairs, but rather, he/she was unaware of the fact.

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