The defendant shall be innocent.

1. No person charged of the instant case shall intrude into an information and communications network without access authority or beyond permitted access authority;

Nevertheless, around July 12, 2018, the Defendant: (a) informed F of the ID and password of the victim D’s “E” game that he purchased from a Chinese person on his own residence located in the Gwanak-gu Seoul Special Metropolitan City building B, in order to sell it to F with knowledge of the fact that he collected without the victim’s consent; (b) informed F of the ID and password through G Mesen; and (c) let F affix the ID and password to the game using the victim’s ID and password on the same day.

Accordingly, the Defendant caused F to intrude into an information and communications network without access authority.

2. Determination

A. The Defendant alleged that D’s “E” game ID and password were collected without D’s consent, and even if the Defendant informed F of such ID and password, the Defendant did not have any intention to compel F to intrude into an information and communications network without access authority.

B. According to the records, the following circumstances are acknowledged. (A) The Defendant asserted that, from the investigative agency to the court, the Defendant was merely engaged in the business of purchasing and selling the ID and password of “E” game without the consent of the subscriber, without knowing that the ID and password of “E” game was acquired through hacking, etc., without the consent of the subscriber.

B. The actual transaction of the ID and password of the “E” game seems to have occurred frequently. Among such ID and passwords, it is also acquired through hacking, etc. without the consent of the subscriber. However, the method of selling the ID and password directly by the subscriber who joined the “E” game.