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(영문) 창원지방법원 2018.01.25 2017고정1032
정보통신망이용촉진및정보보호등에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant and B got married around November 26, 2014, and began their separation from around August 2016.

B filed a divorce lawsuit against the defendant around October 4, 2016 during the separate living life.

1. No one shall intrude into an information and communications network without legitimate access authority or beyond the allowed access authority;

Nevertheless, on June 11, 2017 and on the 15th day of the same month, the Defendant intruded on the information and communications network by using the Defendant’s cell phone ID and password, which he came to know prior to the separation, to the Defendant’s cell phone, using B’s cell phone function without the Defendant’s consent.

2. No one shall damage any other person's information processed, stored, or transmitted through an information and communications network, or infringe on, misappropriate, or divulge another person's secrets;

Nevertheless, the Defendant, at around June 15, 2016, connected the Defendant’s residence to B’s NA-based account by the foregoing method, and then closed the approval details related to the gifts purchased by B for D and the pictures stamped with D, etc. stored in the relevant account.

After that, the defendant was in the same month.

6. On or around 16. 16. Along with a defense counsel representing the above divorce suit, the defendant shall submit the closure file to the division in charge of divorce as evidentiary materials, and the same month.

6. Around 23. 23. Around the same day, B’s father sent a photograph taken together with D to reveal the secrets of others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Roster;

1. Application of Acts and subordinate statutes concerning details of transmission of text messages;

1. Relevant Article 71(1)9 and Article 48(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts, the promotion of the use of information and communications network and information and communications network.

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