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(영문) 부산지방법원 동부지원 2017.08.10 2017고단773
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as an employee of F, a mobile phone sales agent for the operation of the victim E in Busan Shipping Daegu D and engages in the sales and store management of mobile phones.

1. No one shall provide telecommunications services provided by a telecommunications business operator for any third person's communications;

Nevertheless, on April 17, 2014, the Defendant kept one of the smartphones (SHW-M570SOW) opened in the name of customer G at the above agency around April 17, 2014, and sold it to the person with no name, and thereafter provided it for the use of the above smartphone for another’s communications.

In addition, from that time until April 6, 2015, the Defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications by selling five cell phoness opened in the customer’s name, such as the list of crimes, from that time, to that time.

2. Around December 12, 2014, the Defendant: (a) had a gallon (SM-G900SO) carrying jun (SM-G900SO) carrying junop around 80,000 won of the market value of the victim’s possession displayed at the above agency; (b) had been in custody for the victim; (c) around that time, the Defendant sold the gallon’s in sequence to female-friendly job offering H and embezzled the sales proceeds for personal purposes, such as living

3. While the Defendant was dismissed from the foregoing agency on April 24, 2015, the Defendant had arbitrarily accessed the victim’s ID and password recognized at the time of agency service to use the victim’s ownership points in the relevant account by arbitrarily accessing the victim’s ID and password.

On April 26, 2015, the Defendant entered the victim ID and password into the Internet I without authority, and intruded into the relevant account; purchased goods in an aggregate amount of KRW 1,081,500 using the points owned by the victim in the account; and received delivery via the delivery paper designated by the Defendant.

The defendant is therefore justified.

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