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(영문) 대전지방법원 2017.09.22 2017고정994
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

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

When the defendant does not pay the above fine, 100,000 won.

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 March 10, 2017, at the defendant's house No. 203, the defendant sent 50,000 won to the account seller of the victim C, who purchased the victim's ID (D) and password, to enter them into the Internet next website on March 15, 2017, and accessed 14:13 around 17:02:35 of the same month, around 17:02 of the same month, around 03:02 of the same month, around 17:17:10 of the same month, and around 17:10 of the same month.

Accordingly, the Defendant infringed on the information and communication network without legitimate access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense, Article 71 (1) 9 and Article 48 (1) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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