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The defendant shall be innocent.
Reasons
1. On September 21, 2016, the Defendant entered into a contract with the victim D to transfer the said company’s shares at KRW 150,000,00,000 according to the said contract, as a person who operated (ju)B for the purpose of online advertising agency business, and transferred all rights to the J site in charge of the operation of programs and services related to “E, F, G, H, and I”, which is the online advertising app of the said Section B on October 1, 2016, and therefore no authority to access the said site does exist.
On November 21, 2016, the Defendant had no access authority for the benefit of the Defendant at a temporary site and without obtaining access from the victim, and infringed upon the victim’s information and communications network beyond the access authority without any legitimate access authority or permitted access authority by accessing the advertising app called “K”, a profit model of the same type as the victim’s operation, which was established and developed with C, through the account of “L” that was granted access authority in operating the said website for the purpose of making profits by putting off the app to the said website and operating it in the same form as that of the victim’s operation.
2. Determination
A. Whether the Defendant infringed upon the victim’s information and communications network without access authority, the facts charged of the instant case basically transfers all the authority of the Defendant over the J site (hereinafter “instant management site”) to the victim and assumes that the Defendant did not have access to the said site around November 21, 2016.
A corporation transfer contract entered into between a victim and the defendant, etc. shall take charge of all the program operation and user services from October 1, 2016.
The facts set forth above are recognized.
However, in full view of the submitted evidence, a number of advertisements are made by the defendant for the victim even from October 1, 2016 to December 201, 2016, claiming that the victim was transferred all management authority.