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(영문) 대구지방법원 2015.01.14 2014고단5056 (1)
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant was sentenced to a suspended sentence of three years on June 6, 2013 at the Chuncheon District Court, which was sentenced to a suspended sentence of one year and six months for fraud, etc.

On July 25, 2012, the Defendant: (a) knew of the fact that the personal information DB, which was known to C while searching the Internet for the purchase of personal information DB, was leaked by an unforeseen means; (b) received personal information DB from the Defendant’s friendly D post office account to C’s foreign exchange bank account; (c) transferred KRW 100,000,000 from the Defendant’s friendly D post office account to the Defendant’s friendly D bank account; and (d) transferred KRW 210,000 on July 27, 2012 to NAA’s name, resident registration number, address, mobile phone number, etc.; and (e) received from C through NNA.

As a result, the Defendant knowingly received personal information for profit or for an illegal purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Statement made to D by the police;

1. Details of transactions;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of each judgment to Acts and subordinate statutes;

1. Article 71 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and Articles 71 and 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Punishment concerning Criminal Facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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