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(영문) 인천지방법원 2014.04.25 2014고정1169
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

Nevertheless, at around 10:24, November 18, 2013, the Defendant, at the Defendant’s house located in Yeonsu-gu Incheon Metropolitan City C and 1.301 (D apartment), 10 game items, including “F, character name” of the said game, was connected to the victim’s account (hereinafter “G”) located in the “Paesaw server” server, and “15Da C, 9Da Adidisobro” were determined without permission, on the ground that the victim E, who was a union of “Libine 2” in the Defendant’s online game at the Defendant’s house, was bad, by joining the opposite union.

Accordingly, the defendant damaged another person's information processed, stored, or transmitted through an information and communications network.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes for reporting internal investigation (Submission of evidentiary data proving the damage of an item);

1. Article 71 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 71 (11) and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection,

1. Articles 70 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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