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(영문) 서울남부지방법원 2020.02.13 2019고단6009
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of seven million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who served as a clerical assistant from May 2, 2019 to August 2019 as the victim B corporation.

No one shall intrude into an information and communications network without access authority and shall damage any other person's information processed, stored or transmitted through the information and communications network, or shall infringe, use or divulge any other person's confidential information.

1. At around 18:00 on September 24, 2019, the Defendant deleted 3,940 items related to the business of the victim company, which was connected to the Dmeral Account and password of the victim company that was known while working in the victim company, and kept in custody with Dmeral Account and password of the victim company.

2. The Defendant deleted 4,742 cases related to the business affairs of the Company, which was connected to and kept in custody of the Victim Company’s Dmerial Account (F) at the time and place described in paragraph 1.

Accordingly, the Defendant infringed on the information and communication network without legitimate access authority over twice, and damaged other's information processed, stored or transmitted through the information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of inquiries made by the customer center on the mail of submission of the petition and accompanying witness;

1. Investigation report (to hear statements related to specific facts of harm inflicted on the other party's representative G);

1. Application of Acts and subordinate statutes to investigation reports (verification of damage related to the victim company F Account);

1. The choice of fines for negligence under Articles 71 (1) 9 and 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 (1) 11 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the selection of fines for negligence;

1. Article 37 of the Criminal Code among concurrent crimes.

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