Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

Nevertheless, on December 2018, the Defendant, in collusion with B, had C, an employee of B, access to the E-mail account (F) used by the victim D according to B’s instructions at the office of “law firm transfer-related office located in Suwon-si, Suwon-si, and then had C, an employee of B, access to the E-mail account used by the victim D. As such, the Defendant acquired the said document by printing three electronic files of “development authorization agreement and contract modification contract-181205.dcx, development authorization and contract modification contract, and contract modification contract.hwp”, and then used the said document as a supporting material for the injunction against real estate disposal.

Accordingly, the defendant, in collusion with B, infringed on the secrets of others stored through the information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement made to D by the police;

1. Investigation report (to telephone conversations for reference C);

1. Application of Acts and subordinate statutes to cover e-mail screen closure data, development authorization and modification of a sales contract agreement, a confirmation of a request for a buyer’s modification, method of vindication, and written consent;

1. Article 71(1)11 and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 16021, Dec. 24, 2018); Article 30 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;