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(영문) 서울북부지방법원 2017.02.09 2017고정51
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 secret.

The Defendant conspired with B and C to use another person’s confidential information, such as the details of the fourth insurance, for entertainment establishments that B manages, even if entering another person’s name and resident registration number, into the fourth insurance inquiry process on the site of National Health Insurance (htp:/Ls.or.K) site, using the vulnerability that the Defendant could inquire into another person’s name and resident registration number without any separate certification procedure.

On December 5, 2013, the Defendant admitted D’s resident registration number (E) to the website of the National Health Insurance Corporation without D’s consent at his/her own discretion, and then, the Defendant sent C the method of inspecting whether D’s health insurance coverage, delivery site address, insurance details, etc. kept by the National Health Insurance Corporation, and notified B of the aforementioned information.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the suspect interrogation protocol for the defendant, C, and B

1. Article 71 Subparag. 11 and Article 49 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); Article 30 of the Criminal Act; the selection of fines, Article 30 of the Criminal Act;

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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