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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of legal principles: The Defendant cannot be deemed to have violated Article 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., since he/she uses G account information (i.e., ID and password) created by combining virtual information, which is not created by personal information.
B. Unreasonable sentencing: The penalty of the lower judgment (hereinafter referred to as a fine of 4 million won) is too unreasonable.
2. Determination
A. As to the assertion of misapprehension of the legal principles, Article 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. prohibits intrusion into an information and communications network without a legitimate access authority or beyond the permitted access authority, and does not provide for the use of personal information. Therefore, it cannot be deemed that the said Act was not violated solely on the ground that the G account information generated by virtual information, other
Furthermore, this is not a provision to protect users' trust or their interests, but to protect the stability of the information and communications network itself and the reliability of such information. Thus, the subject of granting or allowing access authority under the above provision is a service provider. Therefore, if a third party who is not a user authorized by the service provider connects to the information and communications network, whether the access authority exists shall be determined based on the access authority granted by the service provider.
(See Supreme Court Decision 2005Do870 Decided Nov. 25, 2005). In light of the above legal principle, even if the seller in the name name and the seller allowed the Defendant to transfer the account information created by using virtual information to the Defendant, thereby allowing the Defendant to use it, G, a service provider, granted the right to consent to the said seller so that the Defendant can be used by the said seller, a third party.
use or use of the defendant; or