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(영문) 서울북부지방법원 2021.03.19 2021고정162
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, at around 17:31 on August 17, 2020, around 17:32, around 17:33, and around 17:58, the Defendant discovered the ID and password of the victim C’s portal site “D” account among the Internet search drawings, and connected the relevant account four times.

Accordingly, the Defendant infringed on the information and communication network without legitimate access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on posting, i.e., access records;

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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