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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2019.06.21 2019고정479
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was the one who was the one who was the one who was the one who was the victim B(n, 21 years of age) and 3 years, and was the one who was the other on December 2017.

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

On April 7, 2018, the Defendant installed a “E” app with the victim’s smartphone that was located in his own house of Gangdong-gu Seoul Metropolitan Government (Seoul), and then accessed the victim’s information network without access authority by accessing the “F connected with the app” website after the victim returned home and making it up to the victim’s G account, such as the victim’s photograph, letter, telephone, and other information such as the victim’s smartphone’s photograph, telephone, or remote control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Records of seizure and the list of seizure;

1. A report on investigation (related to the submission of a cell phone of the victim) and a report on investigation (Submission of a photograph of the victim);

1. Investigation report (including the results confirmation of requests for digital siren analysis, telephone conversations with victims, and reports on the results of digital evidence analysis with victims);

1. Investigative reports (in addition, submission of victim evidence photographs related to infringement on the information and communications network of suspects);

1. Investigation report (related to "E" construction, etc. of apps), investigation report (related to functions of "E" apps);

1. Application of Acts and subordinate statutes to investigation reports (victim B telephone communications);

1. Article 71 (1) 9 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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