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(영문) 서울중앙지방법원 2017.06.02 2017고정708
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B

(a) No one shall be knowingly provided with any personal information divulged for profit or for any other wrongful purpose, even though he/she is aware of the divulgence of such personal information;

The Defendant is a person engaged in computer sales business under the trade name of “C”.

The Defendant purchased leaked NAV ID and intended to post a notice on a computer sales advertisement on the Internet page among the Internet NAVs, and around September 10, 2015, by using the “C” store computer located in Yongsan-gu Seoul Metropolitan Government D, and connected the Internet to the account (E) with which the Defendant was placed in the Defendant’s name. The Defendant knowingly received personal information from the seller of personal information (personal name, telephone number, e-mail address, NAV account information, etc. for profit or unjust purposes. From around that time to October 21, 2015, the Defendant knew of the fact that personal information leaked, such as name, telephone number, e-mail address, and NAV account information, was divulged, and received personal information for profit or unjust purposes.

B. Defendant 1 entered a ID and password on “G”’s Internet server account, which was provided as described in the foregoing paragraph at the date, time, time, and place specified in the foregoing paragraph (a) and posted a notice of a computer sales advertisement on the bulletin board of the Republic of China of NAV. From around that time to December 21, 2015, Defendant 1 entered a total of 111 Internet IDs and passwords into the NAV website, and posted a notice of an advertisement of computer sales on the Internet bulletin board of the Republic of Korea of NAV.

In this respect, the defendant has no legitimate access authority or beyond the permitted access authority.

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