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(영문) 서울동부지방법원 2018.09.11 2018고정725
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 24, 2017, the Defendant, without authority, intruded on an information and communications network without authority, by checking and printing the content of “Kakakao Stockholm” conversation between the victim and E from May 22, 2017 to May 23, 2017.

2. On June 12, 2017, the Defendant, at the Seoul Central District Court located in Seocho-gu Seoul, Seocho-gu, Seoul, submitted the details of the Kakakao Stockholm conversation as stated in the preceding paragraph to the Defendant, E, and Hadjin Co., Ltd. as evidence of a lawsuit seeking damages, thereby infringing on and divulging the victim’s secrets processed and stored through the information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of statutes on the details of Kakao Stockholm dialogue submitted in a lawsuit claiming damages;

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 71(1)1 and Article 71(1)11 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., Articles 71(1)1 and 49 of the Act on Promotion of the Use of Information and Communications Network and Protection, etc., and Selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act (hereinafter referred to as “the custody of a workhouse”) of the Act on the Custody of Persons in the Labor House: (a) the fact that the defendant and his defense counsel submitted to the court materials related to the victim’s misconduct; or (b) this is not a justifiable act or self-help that conforms to

The argument is asserted.

However, the defendant's act of submitting the victim's personal information that the defendant illegally intrudes upon the victim's information and communications network while the marital life of the defendant and the victim has actually broken down, is a means to demand in a legitimate act, even though there are circumstances that consider the motive of the crime.

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