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(영문) 의정부지방법원 고양지원 2019.01.17 2018고단1953
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On November 10, 2017, the Defendant had a record of being notified of each summary order of fine of KRW 3 million in the Seoul Eastern District Court due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Protection, etc.).

Criminal facts

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

Nevertheless, the Defendant, at around January 24, 2018, connected to the Defendant’s residence in the Gangdong-gu Seoul Metropolitan Government Btel C, to the Internet D account ID, and introduced the Defendant to the victim F, working as a dance, and requested the Defendant to form a dance team at the “G Group New Group D events.”

Accordingly, the victim F showed the response other than the above interference, and the Defendant received from the victim F the victim F each Internet I Account ID and password of the victim F, stating that “the dancing team is more than three persons, more than two persons, and the Internet I Account ID and password for the prevention and confirmation of failure before the event, and the issuance of the tax expenditure table for the payment of participation expenses are required.”

The Defendant, by using the Internet I Account ID, etc. of the Victim F obtained as above, connected the victim F with the victim F’s I Account by the same method until the 25th of the same month, including having access to the victim F’s I Account on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Written statements of J and F;

1. Application of Acts and subordinate statutes on access to each IP and dialogue with suspects;

1. Article 1 of the relevant Act concerning criminal facts and the promotion of the use of information and communications networks and information protection;

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