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(영문) 인천지방법원 2020.01.16 2019고정1901
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

From March 4, 2019 to May 15, 201 of the same month, the Defendant worked as an instructor of the CFC operated by the victim B, but the said CFF was terminated due to the terms and conditions of employment contract. On March 20, 2019, the issue of wage payment was the Defendant’s house located in the Yeonsu-gu Incheon Metropolitan Government Dtel E, which was under dispute with the victim, and had access to the said system despite the absence of the right to access the F, a student management and consultation program of the said CF, by withdrawing from the said Dtel, even though the Defendant was not authorized to access the said Dtel E.

Accordingly, the Defendant infringed upon another person’s information and communication network without access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning B and G;

1. Application of the Acts and subordinate statutes governing the closure data of H message sent by the suspect to the victim and the connection with the suspect F;

1. Article 71 (1) 9 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act recognizes the crime of this case and reflects the depth of the defendant.

The defendant tried to secure the data that he/she worked at the above educational institute in order to bring about a dispute over the issue of wage payment after leaving the educational institute in which he/she was working, which led to the crime of this case. Therefore, the circumstances may be considered.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. of this case and all the sentencing conditions as shown in the records and arguments.

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