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(영문) 수원지방법원 2018.08.07 2018고단2554
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant

A In four months of imprisonment, Defendant B is punished by a fine of KRW 2,00,000, and Defendant C is punished by a fine of KRW 3,000,00.

Reasons

Punishment of the crime

Defendant

Co., Ltd. is a company engaged in business, such as advertising agency business, and provision of stock information, from March 2016 to November 2016, and Defendant B is a general director for marketing of the above company. Defendant A is a general director for marketing of the above company.

1. No defendant B or A shall intrude into an information and communications network without legitimate access authority or beyond the permitted access authority;

Nevertheless, at around October 27, 2016, the Defendants conspiredd with the above C office, using the ID “I” and its password, which was an account that was unlawfully created and was not authorized to access from “NV” and posted an advertising sign for the Defendant Company’s stock-related services on the Internet website. From that time to November 8, 2016, the Defendants invaded on the Internet site “by using 140 accounts created unlawfully, such as the list of crimes,” as shown in the attached list.

2. Defendant C Defendant C’s representative B and employee A’s written indictment were corrected, and the Defendant’s business infringed on the information and communications network as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of the protocol concerning the examination of suspect of the police to J (two times);

1. Contents of conversation with K;

1. Information on the account holders and the details of conversations, 140 arranged data related to the sold 140 books, the details of connection, and output of a bulletin posted;

1. Data of account use;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of a certified copy of C-Corporation registry);

1. Article 71(1)9 and Article 48(1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., Article 30 of the Criminal Act, and Article 71(1)30 of the Act on Promotion of the Use of Information and Communications Network, and Article 71(1)3 of the Act on Protection, etc. of Information and Communications Network Utilization, and Article 71(1)30 of the Criminal Act, and each

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