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(영문) 광주지방법원 2014.12.11 2014고단4030
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Defendant

A was the manager of the NAB’s post “B” that produces and sells the KOS presses (the character clothes, such as cartoons), and the victim C is the vice-operator of the KOS.

1. No one 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 network;

On July 22, 2014, around 14:30, the Defendant invaded upon the victim’s information and communications network without access authority by inputting the ID and password of the victim’s NAV account (E) that had access to a wooden City D building, 3:02 of the third floor, and NAV (www.naver.com) site and informed the victim C for another reason.

2. The Defendant interference with business, with the knowledge of the right to withdraw a chip member from the victim C’s account without permission, became unable to operate the above chip normally because the chip member was chip member who forced the victim’s account to withdraw from the chip member by entering the chip, and the withdrawing member cannot join the chip so that the chip member could not be forced to withdraw from the chip, and that the chip member was mistaken for the victim’s forced withdrawal from the chip member.

Accordingly, the defendant interfered with the victim's operation of the car page and the sales of the car page by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to C;

1. Application of each Act or subordinate statute to entries in data on closure of a camera bulletin board, account access records, and data verifying the compulsory withdrawal members (1,601);

1. Article 72 (1) 1, Article 48 (1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (including the point of intrusion into an information and communications network without access authority), Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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