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(영문) 대전지방법원 2018.09.28 2018고단2373
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant, while attending Daejeon University C and a graduate school student in the second grade of the master’s degree course in the year of 2015, tried to find out the problem of the school server manager and to connect the system without legitimate authority when the system error occurred in the system (lms. dju .ac. kr, IP 203.237.140, hereinafter “system”) in the process of filing an application for a school entrance in the spring of 2015.

On March 2016, the Defendant produced a “clring (craring) program” program to collect personal information of students and teaching staff members who access to the system using Sython in his/her own computer without going through the python verification process. Around that time, the Defendant stored the Defendant’s computer by copying the said Clring program from the Daejeon University Library via his/her cell phone library from Daejeon University Library to his/her cell phone, which was kept in the system from March 2009 to March 2016, by implementing the said Clling program.

Accordingly, the defendant infringed on the information and communication network without legitimate access authority, and infringed on the other's secrets processed by the information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to E, F, and G;

1. The screen of the leakage site of personal information at Daejeon University;

1. Each protocol of seizure and the list of seizure;

1. To file an investigation report (the modification to the number of leaked personal information files), the application of the leaked personal information file CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;

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