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(영문) 대구지방법원 2016.04.12 2016고단195
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant

B The defendant DP shall be punished by a fine of KRW 5 million for four months, respectively.

Defendant

DP shall be subject to the above fine.

Reasons

Punishment of the crime

[criminal history] Defendant B was indicted on November 3, 2015 by violating the National Sports Promotion Act to the Daegu District Court, and is currently pending trial.

[Criminal facts]

1. Defendant B

A. On November 2014, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.: (a) purchased a personal information file (22 files, such as Daegu DFV, etc.) from a person in distress, who was aware of the divulgence of the names, hand-on phone numbers, etc. of the 27 nominal owners of the said title in order to publicize a commercial entertainment business establishment operated by the Defendant, while being aware of the divulgence of the names, hand-on phone numbers, etc., of the said title owners; and (b) transmitted the said personal information file (22 files, such as Daegu DFV, Daegu DFV, etc.) from a person in distress of the said name.

As a result, the Defendant knew of the divulged personal information, received such personal information for profit or for an unlawful purpose.

B. On September 23, 2013, the Defendant violated the Electronic Financial Transactions Act: (a) received a proposal from AC to “a bank to lend. It would give 800,000 won per head of a Tong; (b) received 800,000 won per head of a Tong; (c) lent one cash card connected to AC’s accounts in the name of DF name to AC; and (d) around that time, up to March 25, 2014, extended 8 passbooks and cash cards to AC as shown in attached Table 2, as shown in attached Table 2, from that time to March 25, 2014.

Accordingly, the Defendant lent the electronic financial transaction access media in return for payment.

2. Defendant DP appears to be a clerical error in the indictment Chapter 2014, “C. 1, 2011.”

3.1. At the Defendant’s residence located in Gwangju Northern-gu 103, 1104, Gwangju Northern-gu, access to the “AF” site, an Internet private sports gambling site, and transfers KRW 2,00,000 to the National Bank Account (Account Number:DT) in the above site’s operation account.

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