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(영문) 인천지방법원 2017.09.15 2017고정1629
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, on October 3, 2016, the Defendant: (a) at G Escam located in Kimhae-si F, around 23:40 on October 3, 2016; (b) at Ascam, the Defendant received an OTP number for access to the said account with AA’s permission upon request from the Defendant; and (c) sold items, etc. in excess of the authorized access authority.

Accordingly, the Defendant violated AA’s Blap’s Blaps account beyond permitted access.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. Application of Acts and subordinate statutes to data submitted (CAT dialogue content, connection IP, etc.)

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant Article of the Act on the Promotion of Utilization of Information and Communications Network and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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