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(영문) 울산지방법원 2016.01.18 2015고정1968
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person violating the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Violation of Information and Communications Network) was prohibited from intrusion into an information and communications network without legitimate access authority or beyond permitted access authority, and the Defendant, at around September 21, 2012, came to know of the ID and password of the victim B’s account during the Internet game “I” as the Internet game, and infringed upon the information and communications network without legitimate access authority by linking the victim’s “I” game with the victim’s account ID and password.

2. The Defendant: (a) connected to the “In” game at the above time and at the above place; (b) committed the act as if the Defendant had the right to sell the “Inn” game item owned by the said B; (c) sold the instant game item items, clothes, brings, shoes, etc. owned by the said B to the victim C, a user of the said “Innnn” game; and (d) wired KRW 3950,000,000 from the damaged person to the agricultural bank account under the name of the Defendant as the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on remittance transactions;

1. Relevant Article of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., Articles 72(1)1 and 48(1) (a) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., Article 347(1) of the Criminal Act, and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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