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(영문) 서울동부지방법원 2015.09.18 2015고정1421
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall damage any other person's information processed, stored, or transmitted through a mental communications network, or infringe, misappropriate, or divulge any other person's confidential information, and shall intrude into an information and communications network without access authority or beyond the permitted access authority.

On July 1, 2014, the defendant worked as the chief in the Busan L.S. B team, and was dismissed on December 31 of the same year, and was the victim C's workplace.

On October 26, 2014, the Defendant, at the ridge-dong, Gwangjin-gu, Seoul Special Metropolitan City, 90 "Macro 500 building", 404, "Macro 500 building", entered and released the "Macro D" in the PC used by the victim C for the business purpose of the company, and opened it on the Internet, and then accessed the contents of conversation between the victim and E.

Accordingly, the Defendant infringed on the secrets of others processed and transmitted through the information and communication network, and infringed on the information and communication network without legitimate access authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Data on the intra-company compact guard system and records of access to office;

1. Application of Acts and subordinate statutes to the records of neons temperature and the content of neons temperature dialogue;

1. Article 71 Subparag. 11, Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 72 (1) 1, and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of intrusion on information and communications networks and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence reflects the defendant's wrong and there is no record of punishment, and the victim agrees with the victim only smoothly.

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