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(영문) 서울동부지방법원 2021.02.25 2020고단4263
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the vice president of Seongdong-gu Seoul Metropolitan Government “C” and the victim D is an employee of the aforesaid gallon.

1. No one shall intrude into an information and communications network without legitimate access authority or beyond the allowed access authority;

Nevertheless, at around 09:35 on July 6, 2020, the Defendant infringed on information and communications networks such as perusal of the mail of the victim’s account in total 30 times from around 09:0 to 14:17 on July 6, 202, the victim’s E account (F) was automatically set up on the part of the victim’s E account on the part of the victim’s occupational use, without legitimate access. In addition, the Defendant infringed on information and communications networks such as perusal of the records of the victim’s account without legitimate access from around 00 to 14:17 on the day.

2. No person who infringes another person's confidential information shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

Nevertheless, at around 09:35-14:17 on the same day, the Defendant intruded into the victim’s E account, and infringed another’s secret processed and stored through an information and communications network by downloading files, such as the victim’s Kakakao Stockholm conversation and photographs, 15 times in total, as indicated in the attached crime sight table (2).

Summary of Evidence

1. Application of the Act and subordinate statutes to CD-related Acts and subordinate statutes to each police statement made by the defendant on the defendant's legal statement D such as a victim's photograph, details of access to the victim's account, victim's Kakao Stockholm dialogue, photograph, etc., investigation report on victim's royalties (the attachment submitted by the complainant D), investigation report on victim's royalties (the confirmation of the contents of access), investigation report (the confirmation of the contents of access), E-mail data, victim's mercury connection records, and E-mail data;

1. Article 71(1)9 and Article 48 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense.

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