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(영문) 제주지방법원 2014.02.14 2014고정34
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall damage another person's information processed, stored or transmitted through the information and communications network, or infringe, use or divulge another person's secrets.

The Defendant is the representative of “C”, which is a bicycle seed production company, and D is the representative of “E,” which is a bicycle production company, and the Defendant and D advertised each other’s Internet homepage to advertise the goods of the other party. When the Defendant’s advertisements posted on the said “E”’s Internet homepage (F), the Defendant deleted the advertisements posted on the said “E”’s Internet homepage, and then, at around 06:55 on June 15, 2013, the Defendant sent D’s ID and password “H” to use them for advertising, and thereby damaged D’s information processed and stored by the information and communications network by entering the manager’s ID and password “H” into “I” and changing the manager’s identification number to “I” and preventing D from accessing the manager’s ID.

Summary of Evidence

1. Statement by the defendant in court;

1. The record of statement of D police officers: 1. Application of the Act on Pop-up Creatives to the Public Notice of Disclosure and Employment of Staff (No. 2013-001)

1. Relevant legal provisions and the choice of punishment concerning criminal facts: Article 71 subparagraph 11 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Articles 49 of the same Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact of a crime is recognized; substantial damage caused by a crime is insignificant (it is possible to re-issue the password immediately through a web hosting company); there is no criminal record other than that of a long minor fine (191; 1991; 2.0,000 won). It is so decided as per Disposition for the above reasons, such as the motive for the crime, circumstances after the crime, etc.

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