Defendant 1 and five others

immigration;

Law Firm, Kim & Lee LLC et al.

Defendant 1 Company is punished by a fine of KRW 10 million, by a fine of KRW 2.5 million, by a fine of KRW 4 million; Defendant 3 is punished by a fine of KRW 4 million; Defendant 4 is punished by a fine of KRW 2.5 million; Defendant 5 is punished by a fine of KRW 4 million; and Defendant 6 is punished by a fine of KRW 2.5 million.

When Defendant 2, 3, 4, 5, and 6 did not pay each of the above fines, the above Defendants shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

Of the facts charged in the instant case, it is not guilty of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

Non-Indicted 1 is a member of the company belonging to ○○ Information and Communications, which is a subcontractor responsible for the maintenance and repair of the apartment communication equipment room (MDF) of 103 Dong-dong 103, Yongsan-gu Seoul (name 1 omitted), and Defendant 3 is a member of the company belonging to ○○○○ Information and Communications, which is a subcontractor responsible for the maintenance and repair of the △△△△ △△△ △△ △△△. Defendant 4 is a member of the Yongsan-gu customer consulting team for the defendant 1 corporation who is responsible for the maintenance and repair of the apartment communication equipment room (name 2, 3, 4 omitted) located in Ulsan. Defendant 5 is the representative of the Seoul Special Metropolitan City customer consulting team for the defendant 1 corporation in charge of the maintenance and repair of the apartment communication equipment room (name 6, 7, 8, 5 omitted) located in Gwangju. Defendant 2 is a member of the customer consulting team for the defendant 1,2002.

Defendant 1 Co., Ltd is a corporation established on October 1, 1997 for the purpose of information and communications business.

Defendant 3, 4, 5, 2, and 6 collected the phone number of the SK Bade subscribers, and then used them for the public relations of Defendant 1’s goods, even though they did not have legitimate authority to connect the SK Bade’s communication equipment room (MDF room) to the employees of each branch office affiliated to Defendant 1, the employees of each branch office of the company.

1. Violation of the Punishment of Violences, etc. Act (joint residence) by Defendant 4 or 5;

A. On April 7, 2010, at around 15:00, the Defendants entered the communication equipment room (MDF room) managed by Nonindicted Party 2, the head of the apartment management office of Ulsan-gu (name 2 omitted) in the office of apartment management (MDF office) and connected to the SK broadband telecommunication network to collect the phone numbers of the subscribers. However, the Defendants were able to perform duties such as maintenance, repair, A/S, etc., and entered the communication equipment room.

Accordingly, the Defendants jointly intruded on the structures managed by Nonindicted 2.

B. On April 7, 2010, at around 15:50 on April 7, 2010, the Defendants entered the communication equipment room, which was managed by Nonindicted 3 (MDF room) by the head of the apartment management office of Ulsan-gu (name 3 omitted) in the communication equipment room (MDF room) with a view to collecting the phone numbers of the SK Brbrid subscribers by accessing the SK K K brid telecommunication network and accessing it into the communication equipment room.

Accordingly, the Defendants jointly intruded on the structures managed by Nonindicted 3.

C. On May 14, 2010, at around 12:00, the Defendants: (a) had access to the communication equipment room (MDF room) managed by Nonindicted 4, the director of the apartment management office of Ulsan-gu (name 4 omitted); (b) had access to the communication equipment room (MDF room) and had access to the SK Brbrid telecommunication network to collect the telephone numbers of the subscribers; and (c) had access to the communication equipment room in charge of maintenance, repair, A/S, etc.

Accordingly, the Defendants jointly intruded on the structures managed by Nonindicted 4.

2. Intrusion into a structure;

A. Defendant 3

On April 19, 2010, at around 14:30 minutes, Defendant 3 used the communication equipment room (MDF room) managed by Nonindicted 5 in Yongsan-gu Seoul Special Metropolitan City (name 1 omitted) (name 1 omitted) management office (MDF room) management office and connected to the SK Brb World Twit to collect the telephone numbers of the subscribers, but he was able to perform the duties such as maintenance, repair, A/S, etc., and entered into the communication equipment room.

Accordingly, the Defendant invadedd on the structures managed by Nonindicted 5.

B. Defendant 2

(1) On April 2, 2010, Defendant 2: (a) around 14:00, in the communication equipment room (name 5 omitted) managed by Nonindicted Party 6 (MDF room) in the office of apartment management (MDF office) around 2, 2010, Defendant 2 used a device for the treatment of disability telephone devices to access the SK K broadband telecommunication network to collect the telephone numbers of the broadband subscribers; (b) did not deal with the duties of maintenance, repair, A/S, etc.; and (c) went into the communication equipment room.

Accordingly, the Defendant invadedd on the structures managed by Nonindicted 6.

around 14:00 on April 16, 2010, Defendant 2, in the communication equipment room (MDF room) managed by Nonindicted 7 of the head of the office of apartment management (name 6 omitted) around 14:0, 2010, was carried out as if he were in charge of the duties such as maintenance, repair, A/S, etc., even though he thought that he would collect the phone numbers of the SK brid subscribers by accessing the SK brid telecommunications equipment room (MDF room) managed by Nonindicted 7.

Accordingly, the Defendant invadedd on the structures managed by Nonindicted 7.

On April 21, 2010, at around 14:30 on April 21, 2010, Defendant 2 entered the communication equipment room (name 7 omitted) managed by Nonindicted 8 in the office of apartment management (MDF office) by the head of the office of apartment management (MDF office) and connected to the SK K broadband telecommunication network to collect the telephone numbers of the broadband subscribers, but he did not deal with the duties such as maintenance, repair, A/S, etc.

Accordingly, the Defendant invadedd on a structure managed by Nonindicted 8.

Around 15:00 on April 21, 2010, Defendant 2 entered the communication equipment room (MDF room) managed by Nonindicted 8 in the office of apartment management (name 8 omitted) of the head of the office of apartment management (MDF office) around 15:0, in order to collect the phone numbers of the SKB World subscribers by accessing the SKB online network and accessing it into the communication equipment room.

Accordingly, the Defendant invadedd on a structure managed by Nonindicted 8.

C. Defendant 6

On May 7, 2010, at around 15:00, Defendant 6 used communication equipment (MDF office) managed by Nonindicted 9, the head of the apartment management office of the apartment building (name 9 omitted) to access the communication network to the SKB network to collect the telephone numbers of the subscribers, but carried out such tasks as maintenance, repair, A/S, etc., and entered the communication equipment room.

Accordingly, the Defendant invadedd on the structures managed by Nonindicted 9.

3. Violation of Act on Promotion of Information and Communications Network Utilization and Information.

A. Joint criminal conduct by Nonindicted 1 and Defendant 3

Defendant 3 connected Nonindicted 1 and Nonindicted 1 and Nonindicted 14:31 on April 19, 2010 to 15:08, at the 2-A communication equipment room (MDF room) of the first floor (name 1 omitted) 103-dong 103-dong 103-dong 1, Defendant 3 infringed on the information and communications network of the SKBD without any access authority, by connecting the phone unit for disability treatment to the communication distribution network of the SKBD unit and then connecting it to the general telephone (number 1 omitted) of the office with which his cell phone (port phone number 1 omitted), the phone number for the SKBD 1’s cell phone unit was sent to Nonindicted 1’s cell phone, and Defendant 3 infringed on the information and communications network of the SKBD without any access authority in a way that describe the phone number for Nonindicted 1’s cell phone.

B. Defendant 4 and 5’s co-principal conduct

(1) On April 7, 2010, between 15:10 to 15:38, the Defendants infringed on the information and communications network of the SK broadband without access authority by connecting the phone unit for disabled treatment to the communication network of the SK broadband, and by connecting the phone unit for disability treatment to the communication network of the SK broadband, after connecting it to the communication network of the K K broadband, the Defendant 4 invaded without access authority.

B. On April 7, 2010, between 15:51 to 16:03, the Defendants infringed on the information and communications network of the SKBD without access authority by connecting the phone apparatus for disabled treatment to the communication distribution network of the SKB network (port number 2 omitted) after connecting the phone apparatus for disability treatment to the communication network of the SKB network (port number 3 omitted).

(1) On May 14, 2010, between 12:25 to 13:15, the Defendants infringed on the information and communications network of the SK broadband without access authority by connecting the phone unit for disabled treatment to the communication network of the SK broadband, after connecting the phone unit for disability treatment to the communication network of the SK broadband, and by allowing the SK broadband's phone number to be sent to the Defendant 4's mobile phone unit without access authority.

C. Defendant 2

(1) On April 2, 2010 through 15:12, Defendant 2 infringed on the information and communications network of SKBD without any access authority by connecting the phone apparatus for disabled treatment to the communications network of SKBD unit (port name 5 omitted) after connecting it to the communications network of the SKB network (port number 3 omitted) in Gwangju (port name 5 omitted).

B. On April 16, 2010, from 14:17 to 14:45 on April 16, 2010, Defendant 2 infringed on the information and communications network of the SKBD without legitimate access by connecting the telephone apparatus for disabled treatment in the communication range of the SKB network (name 6 omitted) in the MDF room (MDF room) Gwangju metropolitan (name 6 omitted) by connecting the telephone apparatus for disabled treatment to the communication range of the SKB network, and by connecting it to the (port No. 3 omitted) one's cell phone number.

between April 21, 2010 and 15:10 on April 21, 2010, Defendant 2 infringed on the information and communications network of SKBD without legitimate access by connecting the telephone apparatus for disabled treatment in the communication network of SKBD unit (name 7 omitted) Gwangju (MDF office) (name 7 omitted) with the communication network of the SKB network and connecting the telephone apparatus for disabled treatment to the communication network of the SKBD unit (port number 3 omitted).

Applicant Defendant 2 infringed on the information and communications network of SKBD without legitimate access authority by connecting the phone apparatus for disabled treatment in the communication range of SKB network (on April 21, 2010, from 15:23 to 15:33, 2010, in the MDF room (name 8 omitted), and by connecting the phone apparatus for disabled treatment in the communication range of the SKB network (on-line 3 omitted).

D. Defendant 6

On May 7, 2010, between 15:28 to 16:29, Defendant 6 infringed on the information and communications network of SKB World without access authority by connecting the phone apparatus for disabled treatment to the communication distribution network of SKB World and connecting it with the general telephone (phone number 4 omitted) of the office where his cell phone (phone number 10 omitted) is sent after connecting it to the communication network of the SKB World.

4. Violation of Act on Promotion of Information and Communications Network Utilization and Information.

Defendant 1 Co., Ltd. committed an act in violation of paragraph 3, such as Defendant 3, 4, 5, 2, and 6, who is an employee.

1. The defendant 1's agent and the rest of the defendants are partly made in this court.

1. Each protocol of interrogation of Nonindicted Party 1 and Defendants prepared by the police (including the normal statement)

1. Statement of Nonindicted 10, 11, 12, and 5 prepared by the police

1. Protocols of each postal service (Nonindicted 2, 3, 4, 6, 7, 8, 9);

1. Data on the result of the analysis of the unsound protection, and on the unsound protection;

1. Ulsan (Name 4 omitted), Ulsan (Name 3 omitted), Ulsan (Name 3 omitted), Gwangju (Name 5 omitted), Gwangju (Name 5 omitted), Gwangju (Name 6 omitted), Gwangju (Name 6 omitted), Gwangju (Name 7, 8 omitted), apartment entrance list;

1. On-site photographs of apartment MDF (investigative records 398 through 427 pages), Ulsan area, and net area MDF site photographs in the Gwangju area;

1. A copy of summary order; and

1. Article applicable to criminal facts;

Defendant 1: Articles 75(1), 72(1)1, and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

Defendant 2 and 6: Article 319 of the Criminal Act (a point of entering each building), Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of infringing each information and communications network)

Defendant 3: Article 319 of the Criminal Act; Article 72(1)1 and Article 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 30 of the Criminal Act (a point of infringement of information and communications networks)

Defendant 4 and 5: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Article 319 of the Criminal Act (the point of entering each joint structure); Article 72(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 48(1) of the Criminal Act; Article 30 of the Criminal Act (the point of infringing each information and communications network)

1. Selection of punishment (defendants 2, 3, 4, 5, 6);

Selection of each fine

1. Aggravation for concurrent crimes (defendants 2, 3, 4, 5, 6);

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Detention in a workhouse (Defendant 2, 3, 4, 5, 6);

Articles 70 and 69(2) of the Criminal Code

1. This part of the facts charged

A. Joint criminal conduct by Nonindicted 1 and Defendant 3

(1) On April 19, 2010, between 14:31 and 15:08, Nonindicted Party 1 and Defendant 3 (hereinafter “Nonindicted Party 1”) collected the phone number of Nonindicted Party 1 by 48 households, such as collecting the phone number by means of recording the phone number of Nonindicted Party 1’s cell phone number on A4 paper, without the consent of the subscribers, from the 103-dong communication equipment room (MDF room) and from the 103-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 1.

B. Defendant 4 and 5’s co-principal conduct

(1) On April 7, 2010, between 15:10 to 15:38, the Defendants collected a phone number of 41 household personal information by connecting the phone unit for disabled treatment to the communication network of SKB broadband, and by collecting (on-line 2 omitted) phone number from 41 households, in order to collect (on-line 3 omitted) phone numbers by connecting the phone number for disabled treatment to the communication network of SKB broadband, even though there was no consent of the SKDF room, Defendant 4 collected the phone number of 41 household personal information by connecting the phone number for disabled treatment to the communication network of SKB broadband.

B. On April 7, 2010, the Defendants collected a telephone number of 46 households of personal information by connecting the phone unit for disabled treatment to the communication network of the SKB World (port No. 2 omitted) and then collecting (port No. 2 omitted) phone numbers by collecting (port No. 2 omitted) phone numbers from 12 minutes to 16:03, in order to collect (port No. 4 omitted) phone numbers from 46 households by connecting the phone unit for disabled treatment to the communication network of the SKB World Distribution Team (port No. 2 omitted).

On May 14, 2010, between 12:25 to 13:15 on May 14, 2010, the Defendants collected a telephone number of 95 households of personal information, such as collecting (number 5 omitted) phone numbers, by connecting the phone apparatus for disability treatment, to the communication network of SKB World, and collecting (number 5 omitted) phone numbers from 95 households of personal information, without the consent of the SKB World subscriber.

C. Defendant 2

(1) On April 2, 2010, between April 2, 2010 and 15:12, Defendant 2 collected 127 households’ personal information phone numbers in order to collect (number 6 omitted) phone numbers by connecting the phone number for disability treatment to the communications line of the SK Trab World, without the consent of the SK DF office (name 5 omitted) in Gwangju (MDF office) apartment communication equipment room (MDF office).

Between April 16, 2010 and 14:45, Defendant 2 collected 117 households’ personal information telephone numbers in order, including collecting (number 7 omitted) telephone numbers by linking the phone number for disabled treatment to the communication distribution network of SKB World, and collecting (number 3 omitted) phone numbers of the SKB World in the order of 117 households, without the consent of the subscriber.

between April 21, 2010 and 15:10, Defendant 2 collected the personal information phone number of 86 households in order, including collecting (number 8 omitted) telephone numbers by linking the phone number for disabled treatment to the communication network of SKB World, and by collecting (number 3 omitted) phone numbers from the SKB World, without the consent of the subscriber, from the MDF office (name 7 omitted) in Gwangju (MDF office) apartment communication equipment (MDF office) apartment over 18 minutes.

Between April 21, 2010 and 15:33, Defendant 2 collected the personal information phone number of 55 households in order to collect (number 9 omitted) telephone numbers by connecting the phone number for disability treatment to the communication distribution line of SKB World, and by collecting (number 3 omitted) telephone numbers from the SKB World, without the consent of the subscribers, from the MDF room (name 8 omitted) apartment communication equipment (MDF room) room of Gwangju metropolitan (name 8 omitted).

D. Defendant 6

On May 7, 2010, Defendant 6 collected a personal information phone number of 40 households in order to collect (11 omitted phone numbers) telephone numbers by gathering (11 omitted phone numbers) telephone numbers from 40 households by connecting the phone number of SK broadband with the telecommunications network (10 omitted) of the KK broadband, even though there is no consent of the subscribers in the MDF room (name 9 omitted) of the apartment communication equipment room (MDF room) from 15:28 to 16:29.61 minutes.

E. Defendant 1 corporation

Defendant 1 Co., Ltd. committed the same act as the above A. through D in relation to his business as Defendant 3, 4, 5, 2, and 6, who is an employee.

2. Determination

(a) Defendant 2, 3, 4, 5, 6

(1) Article 22(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) provides that when a provider of information and communications services collects personal information from a “user,” the user should be notified of each of the following and obtain consent from the user. Therefore, in order to be subject to the aforementioned provision, the holder of the telephone number collected by the Defendants must be deemed a “user” under the same Act. However, “user” refers to a person who uses information and communications services provided by the provider of information and communications services (Article

The evidence submitted by the Prosecutor alone is insufficient to recognize the fact that the above phone number holder is a person using information and communications services provided by Defendant 1 Company, and there is no other evidence to acknowledge it. Therefore, it is difficult to deem that the above Defendants constitute “user” subject to the Information and Communications Network Act. Therefore, even if the above Defendants collected their phone numbers without their consent, it cannot be deemed that they violated Article 22(1) of the Information and Communications Network Act.

B. Defendant 1 corporation

As seen earlier, insofar as this part of the facts charged against Defendant 2, 3, 4, 5, and 6 did not prove a crime, this part of the facts charged against Defendant 1, the employer of the above Defendants, also did not prove a crime.

C. Conclusion

The charge of violation of the Act on Promotion of Utilization of Information and Communications Network and Protection of Information, etc. due to the collection of personal information against the Defendants constitutes a case where there is no proof of a crime, and thus, the facts charged are acquitted pursuant to the latter part of Article

Judges Yu Jae-in