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(영문) 서울중앙지방법원 2013.11.07 2011고정49
주민등록법위반 등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On April 25, 2010, the Defendant violated the Resident Registration Act: (a) illegally used the victim C’s resident registration number by entering “C” and “D” into the name column in the Internet website (www.daum.net) on a bulletin board on which the Internet site cannot be identified; and (b) using “D” as the resident registration number.

Therefore, the victim's next website "E" was identified.

B. The Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (information and communications network infringement) by using the victim C’s ID “E”, which was identified as above at the same time and place as above in the above paragraph A, and by using the victim C’s criminal identification certificate, which was possessed by an influence method to access the above ID on the website, and infringed on the information and communications network without a legitimate access authority to the said ID by accessing the above website.

C. Although the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. did not damage any other person’s information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge any other person’s secret, the Defendant continuously damaged the victim’s secret number by continuously changing the victim’s ID “E” after committing the crime in the foregoing paragraph

2. Determination

A. The argument and the defense counsel asserted that the defendant changed the identification number of "E" on the next website following the date and time stated in the facts charged, but that it was argued that the defendant, other than C, entered the defendant's resident registration number on a bulletin board for Adi-locating, found the identification number using the Nao and the defendant's authorized certificate and changed it.

B. We examine the judgment, based on the records.

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