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(영문) 대법원 2021.03.25 2021도871
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “influence into an information and communications network without legitimate access or beyond permitted access authority” as prescribed by Article 48(1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. and “property benefits” in fraud, such as computers, contrary to what is alleged in the grounds

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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