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(영문) 대구지방법원 2018.11.27 2018고정896
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a part-time student who is in charge of the management of B/C B(46) tables related to auction of (D/E)C operated by the Victim B(46).

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority, and shall interfere with people's work by destroying any special media records, such as computer, etc. data processing unit or electronic records, or by inputting false information or improper orders into an information processing unit, or by causing interference with the processing of information

Nevertheless, on December 15, 2017, when manufacturing and operating the above block, the Defendant, beyond the Defendant’s access authority at the Defendant’s residence located in Daegu-gu, Daegu-gu, F. F. F. F. F. 1207, intrudes into the information and communications network using the above victim’s name and password with access to the above block, and, at the same time, deleted the Defendant’s posting of the above screen on the damaged website by entering an unlawful order, and continuously, at the same place as on December 16, 2017, deleted the victim’s four pages and the changed password, and changed the victim’s four pages and the changed password to “G” without due authority.

As a result, the Defendant infringed on an information and communications network beyond the Defendant’s permitted access, and at the same time interfered with the operation and management of the victim’s website by inputting an improper order into the information processing system or causing trouble

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence 5);

1. Article 71(1)9, Article 43(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Articles 314(2) and 314(1) of the Criminal Act (a) of the same Act.

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