beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On November 201, 2016, the Defendant sent C access to the “E” site operated by the victim D and confirmed the details of member information and text. Accordingly, C used the ID and password of the manager around November 22, 2016, using the ID and password from around November 12, 2016, thereby infringing upon the victim’s information and communications network ten times in total, without access, until November 24, 2016, by November 24, 2016, by using the ID and password of the manager around November 12, 2016.
2. Determination
A. The defendant was operated by himself
Recognizing the fact that the E site (the site of this case)’s operating right has been transferred to D and thus, it is alleged that C did not have the intent to commit a crime.
B. However, in light of the following circumstances, there is a reasonable doubt that the Defendant’s assertion may be true.
Therefore, the evidence submitted by the prosecutor alone is difficult to find the guilty guilty of the facts charged.
① On November 2, 2016, the Defendant was detained on suspicion of special conflict, etc., and around that time, the Defendant decided to transfer the right to operate the instant site that he/she operated through F, an employee, to investors G (the husband of D).
The F entered into an asset transfer contract with D on November 18, 2016.
② However, F appears to be a witness in this Court and state that “F is directed to C as stated in the facts charged at the time of detention of the Defendant at the time when the Defendant was detained, with the knowledge of the point of passing the site of this case.”
③ The G also appeared as a witness in this Court and entered into a contract for the transfer of the instant assets between F and F, and on November 18, 2016, prepared a written contract on the same day and entered the same date.
In this regard, it was not particularly stipulated in advance to conclude a contract on this day.
In advance, (not on which the date is indicated) contract is delivered, and there is a certificate of seal imprint, and the contract is defective when the certificate of seal imprint is prepared.