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(영문) 서울중앙지방법원 2015.10.23 2015고단3890
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Defendant

C Imprisonment for two years, Defendant A, D, E, and I shall be sentenced to imprisonment for one year and six months, and Defendant F shall be sentenced to imprisonment for one year and one year.

Reasons

Punishment of the crime

Defendant C’s joint criminal conduct of Defendant A, B, and C is a person who sends obscenity, who actually operates T (T, second floor, and main server management) and (main text transmission) in Gangnam-gu Seoul Metropolitan Government U.S. 201 (T, second floor, and main server management) and (main text transmission) a obscenity sponsoring company against the unspecified majority, and (main text transmission) a person who instructs his employees to send books.

Defendant

A is a person in charge of the affairs such as sending letters of (State) V and (State) W.

Defendant

B is a person who manages and distributes personal information necessary for sending books to his employees while working as a person in charge of note V and note DB.

1. A person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall not intrude into an information and communications network without any access authority or beyond the permitted access authority, and shall not damage any other person's information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge any other person's confidential information;

Articles 71 subparag. 11 and 49 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Information and Communications Network Act”), along with the Defendants, obtained from June 2015 to June 2015 a total of 9,695,940 items (date of birth, gender, cell phone number) from time to time in the same manner each month from June 2015, and received (139,179,179 items (attached Table 1) from the manager of (i.e., (ii) effective FM site to the manager of (i.e., (ii) effective FM site, arbitrarily connected the (i.e., (ii) effective FM site, and (iii) effective FM site to the manager of the (i.e., (ii) effective FM site, and (iv) effective FM site from time to time.

Accordingly, the Defendants conspired with each other and are justified.

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