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(영문) 의정부지방법원 고양지원 2014.08.28 2014고단646
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection (information and communications networks) shall intrude any information and communications network without access authority or beyond permitted access authority

At around 15:28 on October 1, 2013, the Defendant had access to the F e-mail in the name of the victim, without permission of the victim or F, to the F e-mail (G) used by the victim, without permission of the victim or F, for the purpose of identifying that the victim E, who works as a church pastor in the United States, embezzled the unconstitutional money and is in in an inhumanous relationship with the passenger. By the 5th of the same month, the Defendant had access to the said F e-mail in total nine times as shown in the list of crimes in the attached list of crimes.

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

2. No person violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe or divulge another

Nevertheless, on October 2, 2013, the Defendant accessed F’s e-mail (G) account and sent it to J, a relative in the U.S., by accessing F’s e-mail (G) account, and printing it in writing.

Accordingly, the defendant disclosed confidential information about the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Content of e-mail;

1. Additional statements made by each victim and answers;

1. The data of the following communication route (IPrographs);

1. The current status of IP search;

1. Application of the transportation route Acts and subordinate statutes;

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 71 subparagraph 11 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., concerning criminal facts;

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