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(영문) 인천지방법원 2017.04.14 2017고정191
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim C are married couple, which is currently pending in divorce litigation.

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

Around February 23, 2016, the Defendant, “2017 High 191, the Defendant,” without due authority, intruded on the victim’s information and communications network by inputting the ID and password of the victim who was already aware of without the victim’s consent, accessing the victim’s conversation, etc. without permission, and transmitting text messages to the victim’s family members and the branch.

On September 11, 2016, the Defendant infringed on the Internet network without legitimate authority by inputting the victim’s ID, password, and password from around 21:58 to around 23:10 on September 27, 2016 by entering the victim’s name into the Internet network using smartphones, smartphones, 2:107, and computers. The Defendant infringed on the victim’s four-time account from around the above day to November 23:10, 2016 without permission.

Summary of Evidence

"2017 High 191"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The 2017 Highest 725 others;

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a petition;

1. Article 71(1)9 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Article 71(1)9 of the same Act and Article 48(1) (including the loss of NAN chips) and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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