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(영문) 청주지방법원 2012.05.03 2011고정1344
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendants are not guilty.

Reasons

1. Defendant A is the Chief of F University Department, and Defendant B is the Chief of F University Computer Information Institute.

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, the Defendants conspired with each other,

1. Around April 14, 2010, the victim G, a professor of F University, posted the notice “F University Electronic Document Management System,” which was posted on the bulletin board in the information and communications network, thereby damaging another’s information by arbitrarily deletinging the notice.

2. Around April 15, 2010, the above victim posted the notice five times on the public bulletin board on five occasions, thereby damaging other person’s information by arbitrarily restricting access to the notice on five occasions.

3. On April 15, 2010, the above victim, through electronic mail, damaged another person’s information by arbitrarily restricting the notice posted to teachers and staff, including the professor of the above university through electronic mail under the electronic document management system.

2. Determination

A. The Defendants and the defense counsel asserted that the Defendants and the Defendants’ defense counsel arbitrarily deleted or limit access to the bulletin board notices posted by G in the F University Electronic Document Management System, i.e., the information and communications network, and that G arbitrarily restricted access to e-mails sent by G to the teachers and staff by e-mail. However, this is a provider of information and communications services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) and the lawful measure was taken in accordance with the Information and Communications Network Act, and thus,

(b) Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (1) The definitions of terms used in this Act shall be as follows:

3. The term "information and communications service provider" means any provider of information and communications services;

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