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(영문) 서울남부지방법원 2014.08.13 2014고단2328
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Nevertheless, around April 2, 2013, the Defendant sent 15,000 items of personal information (personal information, password, name, resident number) of Korean nationals (personal information) with a view to accessing the Internet net temperature site using a computer to a file with NACO, while accessing the Internet net temperature site with a ID (D) in the name of the Defendant, and then holding the NA and NACOs with a view to unlawful leakage and distribution of personal information in the Internet site. However, the Defendant was aware of the fact that personal information he/she possessed was leaked and distributed by unlawful means.

Accordingly, the Defendant knew of the divulged personal information, received the personal information for profit or for an unlawful purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the conversation details and deposit details Acts and subordinate statutes;

1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 28-2 (2) of the same Act concerning facts constituting a crime, the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in depth and it appears that the acquired personal information has not been actually used);

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