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(영문) 수원지방법원 2017.11.09 2017고정2598
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

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

From April 21, 2017 to April 15:30 to 16:00, the Defendant intruded on an information and communications network without legitimate authority by opening the conversations between the victim’s pro-Japanese name and unboomed, and the victim’s name and unboomed, who was stored in the victim’s Kakao Stockholm account, from June 2016 to April 2017, with the victim’s Kakao Stockholm located in the (State) office where the Defendant was working for the Defendant located in Osan City (hereinafter “AC office”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as the Gakao Stockholm data submitted to the victim;

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant Article of the Act on the Promotion of Utilization of Information and Communications Network and Selection of Fines;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act are against the Defendant’s wrong recognition of his/her mistake, the primary offender, and the circumstances leading to the commission of the crime, and the sentencing conditions indicated in the record shall be determined as per Disposition by comprehensively taking into account various circumstances, such as the circumstances leading to the crime.

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