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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
[2013 Highest 8151]
1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization, computer, etc. shall collect another person's information or induce another person to provide information through information and communications networks;
Nevertheless, the defendant conspireds with the names in D, E, and People's Republic of China in order to provide loans to many unspecified victims, and received basic personal information, such as name, correspondence center ID, password, etc. <2> The defendant sent text messages to the victims who are in the above People's Republic of China, and where the victims have a character of URL (an order system to inform the location of information on the Internet, etc.) of the above text messages by sending text messages to them, then the victims would automatically suffer personal information due to the malicious code, and ③ by accessing the Internet small-sum settlement system with specific personal information secured as above, it was intended to receive the settlement amount by entering the money in the name of the victims by allowing them to settle the goods in the name of the victims.
① Accordingly, D is responsible for collecting the victims’ personal information and exercising overall control over committing a crime of obtaining profits by settling the products through such collection, and ② the Defendant, operating an office with H and I, etc. located near G University located in Ansan-gu, Ansan-si, in order to provide a loan to the G University with a staff member of H and I, who seeks to obtain basic personal information, such as his/her name, and receive remittance of payment. ③ E was responsible for withdrawing money using the victim’s cell phone number and personal information, while keeping the victims’ cell phone number and information.
Defendant, D, and E are subject to such public invitation, and ① the Defendant is above July 2013.