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(영문) 의정부지방법원 2014.09.04 2014고정1766
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million and by a fine of KRW 1.00,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Although Defendant A was prohibited from intrusion into an information and communications network without access authority or beyond permitted access authority, the Defendant, at around February 28, 2014, posted an advertisement on the part of the trading company of the mutually influencies used a computer (IP address:C) located in Bupyeong-si, and on the part of the victim D’s NA who discovered the name of selling ID from a person whose identity is unknown, and sold it without permission, and then posted an advertisement on the part of the NAF, which was sold to the NAF by using the victim D's NAD.

Accordingly, the Defendant infringed on the information and communications network without legitimate access authority by using the victim's ID illegally.

2. Although Defendant B was not allowed to intrude into an information and communications network without any legitimate access authority or beyond the permitted access authority, the Defendant, at around 23:51 on February 28, 2014 and around 01:24 on March 1, 2014, posted an advertisement on the following: (a) around 23:51, and around 01:24 on March 1, 2014, the Defendant, using a computer (IP address) installed at the relevant location, was identified by the victim’s NAD “E” and then sold NAV cars.

Accordingly, the Defendant infringed on the information and communications network without legitimate access authority by using the victim's ID illegally.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Victims' DNA records and replys to communications data;

1. Investigation reports (verification of IP addresses and radio carriers connected by a suspect), and application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Article 72 (1) 1 and Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the choice of applicable laws and punishment for criminal facts, and the choice of fines;

1. Defendant B from among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;

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