logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.08.13 2014고단3075
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Around September 9, 2013, the Defendant: (a) was working on the Defendant’s residence located in Heung-gu, Young-gu with a computer in the name D’s ID (E) using the Defendant’s computer; (b) was placed in the advertisement page to the effect that F(E) sent to an unspecified number of A’s, including the Defendant, “sale of personal information”; (c) sent the above F’s personal information purchase intent to send the above F with a printing message; (d) was aware of the divulgence of personal information information, such as NAV ID, password, name, resident registration number, etc.; and (e) was used to publicize the Defendant’s “H,” and to write comments on the Defendant’s personal information, 30,000 won, more than 10,0000 won, and 10,000,0000 won, more than 30,000,000 won, etc. were sent from the above F’s new account (Account number: I).

Accordingly, the Defendant knew of the divulged personal information, received the personal information for profit or for an unlawful purpose.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or F;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to dialogues with A in transactions with F and DB data, and specification of transactions of DB data);

1. The relevant legal provisions of subparagraph 6 of Article 71 and Article 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

arrow