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(영문) 인천지방법원 2020.06.19 2020고단2002
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Nevertheless, the Defendant collected the ID and password, etc. of another person’s B account leaked due to hacking, etc. and posted a letter to publicize a specific company on the Internet site using it, and then received money from the above company. On April 23, 2019, the Defendant received from the Defendant’s residence in Nam-gu Incheon Metropolitan City, the ID and password, etc. from 24 persons B, such as D, which was leaked by hacking, etc., from the Defendant’s hacking, etc., until July 25, 2019, and posted a letter to publicize “E”, “F, etc.” on the Internet site using the same method as written in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Details of remittance of the price for personal information of the persons under internal investigation, details of dialogue between the persons under internal investigation and the persons under internal investigation, and details of personal information transmitted by the persons under internal investigation;

1. Application of Acts and subordinate statutes to a report on internal investigation (related to attachment, such as the NAD conversation content, remittance details, etc. of a person under internal investigation) and each investigation report (with respect to the verification of the number of personal information provided by a suspect, with respect to the purchase details, etc. of additional personal information by a suspect, with respect to the

1. Article 71 (1) 6 and Article 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is committed by acquiring the personal information divulged by unlawful means and using such personal information for publicity.

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