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(영문) 대법원 2017.06.19 2017도4240
정보통신망이용촉진및정보보호등에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed against the judgment of the court of first instance, and asserted only unfair sentencing on the grounds of appeal, and the lower court did not ex officio decide on the matters alleged in the grounds of appeal.

In such a case, the allegation that the lower court erred by violating the rules of evidence and by misapprehending the legal doctrine on the nature of performance related to the performance of the duties of a crime of offering a bribe is not a legitimate ground for appeal.

2. Judgment on the grounds of appeal by the prosecutor

A. Article 49 (hereinafter “instant provision”) of the former Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 14080, Mar. 22, 2016; hereinafter “Information and Communications Network Act”) on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) provides that no person may damage another person’s information processed, stored, or transmitted through an information and communications network, or infringe or divulge another person’s secrets.

Article 71 Subparag. 11 of the same Act provides that “a person who damages another person’s information in violation of Article 49, or who, in violation of Article 49, infringes on another person’s secrets, uses or divulges another person’s information shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.

"Leakage of secrets of other person processed, stored or transmitted through an information and communications network" under the provision of this case does not mean all the divulgence of secrets of other person, but it is reasonable to interpret that a person who acquired another person's secrets processed, stored or transmitted through an information and communications network by unlawful means or methods, such as intrusion on the information and communications network, or a person who knows that such secrets have been acquired through the above methods shall be limited to informing other persons who have yet to know such secrets.

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