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

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

Punishment of the crime

The defendant is a person who is currently in a divorce lawsuit due to the relationship between the victim B and the legal couple.

1. No one who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall intrude on any information network;

Nevertheless, around May 15, 2019, the Defendant entered a password into the victim’s Internet portal site C (D) account without the victim’s permission through the victim’s smartphone at the Incheon Fluter site, thereby infringing on the information and communications network without legitimate access authority, including one time around May 30, 2019, one time around June 10, 2019, and three times in total on the victim’s C account without the victim’s access authority.

2. The Defendant, who violated the Act on the Protection and Use of Location Information, was doubtful of the fact that the Defendant, from May 15, 2019 to June 10, 2019, was the spouse B, to track the location of the victim.

No one shall collect, use or provide the relevant personal location information without obtaining consent from the subjects of personal location information.

Nevertheless, on May 15, 2019, the Defendant entered the password into the victim’s C account (D) at a place where the location is unknown, and accessed it as referred to in the above paragraph (a), and collected personal location information of the victim from that time to that of the Defendant’s C account without the victim’s consent.

Accordingly, the defendant collected personal location information of the victim without the consent of the victim who is the subject of personal location information.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of the B, connection to the C account and closure data with the location sharing of the C account;

1. Intrusion into an information and communications network under Articles 71 (1) 9 and 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., concerning criminal facts and the choice of punishment;