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(영문) 대구지방법원 2019.05.28 2019노348
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (the factual error) was connected to the F account of the victim and intruded into the information and communications network, and the defendant did not have conspired to commit crimes B.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant and B, who worked in the “D” housing publicity center in Daegu-gu, had access to the F account in the name of the victim E in order to raise their sales performance, and had a mind to change the F account for the health care publicity of the victim’s operation to the F account for publicity of the said sales office.

On June 3, 2018, the Defendants entered the e-mail address in the name of the Defendant in the “G” account under the name of the victim E using the ID and password that they came to know while working in the said D Housing Promotion Office, and then notified the Defendant of the certification number for the change of the account transmitted to his own mail, and B changed the e-mail of the F Account for the Promotion of the Health Center operated by the victim from “G” to “H” after entering the said certification number.

Accordingly, the Defendant conspiredd with B to the information and communication network without access authority.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking into account the Defendant’s partial statement, the witness B’s testimony, the police protocol on E, each Ff course photograph, the victim Irog records, etc., and the J message pictures and photographs.

C. The decision-making B came to know the F account and its password for publicity in the victim’s name while working as the health center twitner operated by the victim, and connected the F with the victim’s name using that information.

B was connected to the victim F in the court below's decision.

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