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(영문) 부산지방법원 2016.12.21 2016고단4397
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

1. Defendant A shall be punished by imprisonment for two years.

253,298,00 won shall be additionally collected from the defendant.

3.2

Reasons

Punishment of the crime

[criminal record] On July 25, 2014, Defendant A was sentenced to six months of imprisonment due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Information and Communications Network Infringement, etc.) at the Incheon District Court on August 3, 2014, and completed the execution

【Criminal Facts】

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization, etc.) by Defendant A shall intrude on any information and communications network

A. The Defendant and L had access to K site hacking without authority, which is an illegal sports earth’s publicity site, and had a copy of the database and operated the same reproduction site using it, thereby having the intent to obtain advertising income from the illegal sports earth’s operators.

Thus, the defendant and L had access to K without authority through information and communication network at the place of residence in the Philippines around September 26, 2015, and had access to K without authority and copied the database stored therein and opened a separate M using it.

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

B. Around April 2016, when the Defendant came to know that there was another other illegal sports climate promotion site that N operated by O, the Defendant committed hacking to create and operate a reproduction site. As such, the Defendant had access to the said N site at a residence in the territory of the Republic of the Philippines at that time through an information and communications network and then leaked illegal certification and information using the message of return of the Web Clock. The Defendant may compulsorily enter the web application program into the web application program to alter and circumvent the data of the database (DB) server and bypassing the manager’s certification.

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