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(영문) 서울남부지방법원 2015.06.01 2015고정997
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who actually operates C in the third floor of Gangseo-gu Seoul Metropolitan Government, and the victim D is the former representative director of the above company.

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

Nevertheless, the Defendant, upon withdrawal of the said company, filed a civil lawsuit against the Defendant, sent bad text messages, etc., and confirmed e-mail in the victim’s e-mail account “H” by entering “E”, which is the company’s Internet website, and used for the victim’s work as the representative director, into the “E” and “E”, at the c office around November 27, 2014, under the condition that the victim’s appraisal of the victim is not good. Of these, the Defendant perused and photographs the content from 3:00 to 3:00 to 43:00.

Accordingly, the Defendant infringed on the information and communication network without access authority.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a petition, each written investigation report, written statement (in the form of an investigation record No. 44), recording record;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 13014, Jan. 20, 2015);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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