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(영문) 부산지방법원 2016.10.13 2016고단3939
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall intrude on any information and communications network

Nevertheless, around February 2016, the Defendant obtained the ID and password of the C Internet manager from a personal information distributor in the name-free personal information that he/she became aware of through the Internet gambling community in Daegu-gu, Daegu-gu, and infringed upon the C Internet site manager's page without access authority by entering the ID and password of the manager in the above manager's page.

2. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall knowingly receive any divulged personal information for profit or any unlawful purpose.

Nevertheless, from February 2016 to June 2, 2016, the Defendant, despite being aware of the leakage of personal information, was provided for the purpose of profit-making or unjust purpose by purchasing or exchanging 51,134 personal information acquired as shown in attached Table 1, 2, 3, and 4 for sale, such as the name, telephone number, account number, etc. of multiple unspecified persons, which was acquired by hacking operators who sell personal information data files through Internet gambling community, etc. at Daegu-gu or neighboring Ba or neighboring Bacs.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each report on internal investigation:

1. Investigation report (attached to personal information files purchased from a suspect);

1. Application of Acts and subordinate statutes governing electronic information confirmation;

1. Article 71 subparagraph 6 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. for the relevant criminal facts, Articles 28-2 (2) and 72 (1) 1 of the Act on Promotion,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation;

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