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(영문) 대법원 2018.12.27 2017도15226
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) are examined.

1. Whether the secrets of other person which are stored or transmitted through the information and communications network are divulged;

A. In this case, the issue is whether the Defendant’s act infringed on another’s secret that is processed, stored, or transmitted through an information and communications network under Article 49 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”).

(1) Article 49 of the Information and Communications Network Act provides that “No person shall damage another person’s information processed, stored, or transmitted through an information and communications network, or infringe or divulge another person’s secret.

Article 71(1)11 provides that “A person who damages another person’s information in violation of Article 49 or who infringes, uses, or divulges another person’s confidential information shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.

“......”

The purpose of the Act is to contribute to improving people’s lives and promoting public welfare by facilitating the use of information and communications networks, protecting personal information of persons using information and communications services, and creating an environment in which persons using information and communications networks can use such information in a sound and safe manner (Article 1). The term “information and communications network” refers to an information and communications system that collects, processes, stores, searches, transmits, or receives information by using telecommunications facilities and equipment as defined in Article 2 subparag. 2 of the Telecommunications Business Act or telecommunications facilities and equipment, computers, and computers (Article 2 subparag. 1). The term “telecommunications Business Act” refers to machinery, equipment, lines, and other facilities necessary for telecommunications (Article 2 subparag. 2 of the Telecommunications Business Act). Since the regulatory content of Article 49 of the Information and Communications Network Act is comprehensive, the legislative purpose of the

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