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(영문) 인천지방법원 부천지원 2019.07.24 2019고정79
전자기록등손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 17:00 on July 13, 2018, the Defendant destroyed electronic records by means of deleting 8 files totaling 1,2,3,6,9,9,16, 19, and 20 each file set forth in attached Table 1, 2, 3, 6, 9, 16, 19, and 20 on the ground that, when the Defendant refused to follow the direction of the victim company’s Chinese business trip, the representative director of the victim company, the Defendant submitted the advice to only two of the above E companies, but E does not accept the recommendation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Prosecutorial investigation report (victim submission CDs) and original file CDs of crime sight chart;

1. Details of expenses incurred in repairing computer data, text messages (a complainant, defendant, and defendant), and electronic records deleted by suspects;

1. Application of Acts and subordinate statutes on design for damage;

1. Article 366 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e-mail, etc., Article 59(1) of the suspended sentence (see, e-mail, where the Defendant is the first offender; the details and intent of the file deleted from the crime as indicated in the judgment; the Defendant’

1. Although it was true that the Defendant deleted the files indicated in the judgment, the deleted files were either unrelated to the company’s business or sent by e-mail to the representative director E or director F of the victim company in the past, there was no intention to commit the crime of damaging electronic records, etc. against the Defendant.

2. The crime of causing damage and damage to electronic records, etc. under Article 366 of the Criminal Act, shall be made effective by destroying records of special media, such as electronic records of others.

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