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(영문) 서울남부지방법원 2017.12.14 2017고정216
정보통신망이용촉진및정보보호등에관한법률위반
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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 damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

Nevertheless, on May 16, 2016, the Defendant visited D Games using the account and password of the victim C, identified by B, and damaged the victim’s information by decompositioning the victim’s information, such as “F,” “G,” “H, I,” “J,” “K,” “K,” “L,” “N,” “O,” “P,” “ Q,” “S,” “T,” “T,” “T,” “T,” “V,” “W,” “X,” “X,” and “Y,” etc.

Summary of Evidence

1. The legal statement of the witness C;

1. Part C of the protocol (two times) concerning the interrogation of the suspect against the accused;

1. Statement made by each police with respect to C or Z;

1. A written statement of the Z;

1. Details of each Kakao Stockholm dialogue;

1. Results of inquiries from each AA;

1. Application of five e-mail content statutes

1. Article 71(11) and Article 49 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. (amended by Act No. 14080, Mar. 22, 2016); and Article 71(11) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. (amended by Act No. 14080, Mar. 2, 2016); and Article 71(1) of the Act on the Selection of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 14080, Mar. 2, 2016); the Act on Promotion of the Use of Information and Communications Network and Protection, etc. (hereinafter “Act”) enacted with the legislative purport, separately from the provisions on promotion of the use of information and communications network (section 2) and the provisions on protection of personal information (section 4); Article 2(1)6 of the Act defines “personal information” as “personal information,” and Article 49 of the Act clearly distinguishable.

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