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(영문) 의정부지방법원 고양지원 2015.06.26 2015고정529
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one who intrudes into an information and communications network shall intrude into the information and communications network without access authority or beyond the permitted access authority;

On August 30, 2014, around 02:14, the Defendant, within the jurisdiction of the Defendant, posted a notice listed on the “C” website (D) by using the Defendant’s computer, and access to the victim’s ID and password, beyond the Defendant’s access authority, to the Defendant’s website by using the victim’s ID (F) and password.

Accordingly, the Defendant infringed on the information and communication network beyond the allowed access authority.

2. No person who damages information shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge another person's confidential information;

The Defendant, at the same time and place as referred to in the preceding paragraph, accessed the above E-site as the victim’s authority, and deleted one letter (the posting number: I) posted on the bulletin board.

Accordingly, the defendant damaged the victim's information processed and stored through the information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of each statute of report on internal investigation (including the attached documents)

1. Relevant statutory provisions concerning criminal facts, Articles 72 (1) 1 and 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 and 71 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of fines

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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