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(영문) 부산지방법원 동부지원 2014.10.16 2014고정772
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the head of the advertising agency (State)B marketing team.

1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall be knowingly provided with any divulged personal information for profit or any unlawful purpose;

Nevertheless, at around 18:48 on November 6, 2013, the Defendant, at the office of the advertising agency in the Guro-gu Seoul Metropolitan Government, access to the Internet Nitrate (D) site in the name of the Defendant, was carried out with the Internet Nitrate (D) and was distributed by unlawful means, despite being aware of the fact that the personal information in the possession of E is being leaked and distributed in a specific company’s advertisement, the Defendant received 30,000 won from E in the course of advertising comments or comments with the intention of making it possible to write out to others, and transmitted 10 others’ personal information as shown in the attached list of crimes, such as Nitberia, par with the name of the Defendant.

As a result, the Defendant was knowingly provided with personal information for an unlawful purpose of making an advertisement by using the personal information.

2. No one who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall intrude into an information and communications network without access authority or beyond the permitted access authority;

Nevertheless, at the same place as before November 6, 2013, the Defendant used another person’s personal information received from E as above at the same place as the preceding paragraph, and opened the NAV website without the consent of the nominal owner of the NAV, and posted a promotional letter on the advertisement of a specific company.

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

b)a summary of the evidence;

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