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(영문) 서울서부지방법원 2017.02.24 2016고단3821
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The National Government Agency personnel innovation Agency operated the Internet website "Ssi.go.go.m.)" for the work related to the selection of state public officials, and around 09:0 on October 5, 2016, the list of the second written examinations for appointment of public officials of Grade V (Administrative) around 2016 (hereinafter referred to as the "written examinations") was scheduled to be disclosed through the "Public Notice Center of Cyber Nations".

Accordingly, in order to publish the list of successful applicants on October 4, 2016 on the date of the announcement of successful applicants, C public officials in charge of personnel innovation set up files and “HWP” files, which are linked to the Cyber State Public Notice Center (gosi.go.go.r) to the manager, stating the list of successful applicants, and automatically posted the file on the database of the integrated government computer center and on the date of the announcement of successful applicants.

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority, and no one shall damage another's information processed, stored or transmitted through the information and communications network, or infringe or divulge another's confidential information.

Nevertheless, around October 4, 2016, the Defendant had been willing to enter the database of the government-integrated computer center, which is an information and communications network to ascertain prior to official announcement whether the Defendant passed the second examination for open competitive recruitment of public officials of Grade V (Administration) around 2016.

1. On October 4, 2016, the Defendant, at around 17:40, connected the Defendant’s female-friendly families located in Gwanak-gu, Seoul Special Metropolitan City, with the Defendant’s Internet site cyber-state announcement center by using the Defendant’s street computer at the Defendant’s female-friendly office, and continued to identify the attached file addresses of the list of persons who had already been posted at the above site’s official announcement in the 2016 201.

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