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(영문) 서울중앙지방법원 2015.07.01 2015고정1965
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without access authority or beyond permitted access authority.

Nevertheless, on February 28, 2014, the Defendant, despite the termination of the “E Game” development service agreement received from the “D” operated by the Victim C, asked the Defendant about whether the instant game defects by indicating the victim’s database manager ID and password in the written questioning of the service cost claim case that the Defendant raised against the Defendant, and asked the Defendant about whether the instant game defects were defective, using the manager ID and password known through the said written questioning.

On December 5, 2014, the Defendant, at the G Office operated by the Defendant in the 10th floor of the Gangnam-gu Seoul F building, connected to the database of the victim operating company using the remote terminal clock program installed therein, and then entered the “H” and password “I” of the manager, who is the manager, into the said database.

As above, the Defendant perused information, such as the password, closed, and glock, of 21 accounts, including the “J” account.

Accordingly, the Defendant infringed on the information and communication network without access authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written complaint filed by C;

1. A questionnaire to the professional examiner;

1. A reply;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of a complainant C);

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selection of fines;

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

1. The defendant and his/her defense counsel regarding the assertion of persons involved in the litigation under Article 334(1) of the Criminal Procedure Act shall be brought against the defendant by the victim C.

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