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(영문) 서울중앙지방법원 2018.11.14 2018고단3009
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 23, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Violation of Information and Communications Network Utilization Act, etc.) at the Seoul Central District Court on November 10, 2017.

The defendant works in the "D" of the hacking group, which is active in China as a ship of Chinese nationality.

1. The Defendant intrusion upon information and communications networks, along with the name influence who works in the name of “E” in “D” (hereinafter “E”), seized the personal information of the domestic website and then receives money from the website operator by threatening it. The Defendant plays a role in identifying the vulnerability by printing the website subject to hacking, together with “E”, obtained the right to access a server using the SPMAP, which is a hacking program, and the program, and collected personal information connected to data bed.

No person shall intrude into an information and communications network without legitimate access authority.

Nevertheless, the Defendant, in collusion with the “E” from March 7, 2015 to April 25, 2017, obtained the management authority by using the above SPP, chip program, etc. at the Defendant’s residence located in the Daegu Seo-gu F, the third floor, and the Daegu Seo-gu G Building 301, and accessed the information and communications network by linking the total of 433 site servers, including the Internet travel agency “H,” without legitimate access to the Internet tour.

2. No person who infringes another person's confidential information shall damage another person's information stored, managed, or transmitted through an information and communications network, or infringe on, misappropriate, or divulge another person's confidential information.

According to the method described in paragraph 1, the Defendant’s personal information, such as the customer I’s name, telephone number, and e-mail address, which was stored on the Internet travel agency’s server without legitimate authority.

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