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(영문) 의정부지방법원 고양지원 2018.01.12 2017고정1078
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

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

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

Nevertheless, on November 18, 2016, the Defendant knew that the injured party ordered the goods to “D” of the Defendant’s online shopping mall site B operated by the Defendant’s wife B, and, in order to find out personal information, such as the victim’s dispatch of the goods, the Defendant, without legitimate authority, invaded information and communication network without legitimate authority by entering the ID and password identified on the above D site without permission of the above B, by combining the numbers inferred to be used by the wife without legitimate authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Data to capture the seller's information and to capture C approval, and data to capture the details of text conversations;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a certified copy of a register which is a complainant).

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., concerning facts constituting an offense, the relevant Article of the Act and the punishment for which is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant, who graduated from an elementary school and high school such as the victim E, was not able to conduct mutual appraisal because, around October 2014, the Defendant borrowed 230 million won from the injured party on or around October 2014, and was not able to repay up to now.

On November 18, 2016, the Defendant connected to “F,” an online camera that is an elementary school alumni group, and referred to as “F” in the manner of exchanging comments on the victim and comments on comments with the victim, and is affiliated with the prosecution, and is subject to the National Tax Service’s tax evasion investigation by the National Tax Service.

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