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(영문) 수원지방법원 2017.02.10 2016고정3133
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

On October 5, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for occupational embezzlement at the Suwon Friwon, and the judgment became final and conclusive on December 23, 2016.

1. No one shall intrude into an information and communications network without legitimate access authority or beyond the allowed access authority;

Nevertheless, around March 27, 2016, the Defendant, at the Defendant’s house located in B 402 in Gwangjin-gu, Seoul Special Metropolitan City around March 27, 2016, contacted the information and communications network without legitimate authority by accessing the victim’s personal tamp site (www. interspak.com) with access ID and password, knowing that he was not himself, but going to go to the victim D and camping games with the victim.

2. No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or leak another person's secrets;

Nevertheless, on April 1, 2016, at the same time and at the same place as above, Defendant damaged other persons’ information processed, stored, or transmitted through an information and communications network by cancelling the subscription information for 5 LGVs Han-gu sports and the subscription information for 7 GGVs Han-gu sports on April 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of tugboating;

1. Before judgment: Application of the legal statement, investigation report (a copy of the judgment and confirmation of the fact of appeal) by the defendant, and text of the judgment (the Suwon District Court 2016 High Court 1551, etc.);

1. Article 72(1)1, Article 48(1)1, Article 71 subparag. 11, and Article 49 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 14080, Mar. 22, 2016) regarding criminal facts (hereinafter “information and communications network intrusion”), and Articles 72 subparag. 1, 48(1), 71 subparag. 11, and 49 of the same Act.

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