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(영문) 수원지방법원안산지원 2020.08.20 2019고단4491
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

The defendant was in an internal relationship with C by his wife B.

On April 2019, the Defendant: (a) tried to submit a resume to find a job; and (b) expressed that C knew of the victim’s e-mail ID and password in the victim’s name used by flat C; and (c) thought C did not think of the relationship with C after the victim’s me did not think of it; and (d) confirmed C’s thoughts by linking C’s me with the victim’s me.

On April 20, 2019, the Defendant contacted the victim’s information and communications network over 110 times from June 24, 2019 to the victim’s Internet site F account by inputting the victim’s ID and password, without any legitimate access authority, by using Nowon-gu D Building 4 E, Ansan-si.

Accordingly, the Defendant violated the e-mail account of the victim who was an information and communications network without access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing access records;

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

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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