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(영문) 서울동부지방법원 2014.07.25 2014고정1038
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)방조
Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who served as a sales salesperson in the “C” located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, and as a used car seller.

From October 22, 2013 to November 30, 2013, the Defendant requested an advertising agent in the name of the Defendant to sell used cars at the above location and from November 30, 2013, and the said advertising agent identified the victim’s Internet NAV account (E) ID and password in an influence manner and accessed another person’s information and communications network without access authority, such as identifying the victim’s Internet NAV account (E), accessing the said account, posting a notice on the sales advertisement of used cars in the NAVa car page, etc.

As above, the Defendant, with the knowledge of the fact that the above advertising agent invadeds on the information and communications network without access authority by stealing the ID and password of the victim’s Internet Nene account, aided and abetted the crime by allowing a used car sales advertisement.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to evidential materials;

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 32 (1) of the Criminal Act concerning criminal facts, the selection of fines, Article 32 (1) of the Criminal Act;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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