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(영문) 서울중앙지방법원 2018.05.11 2018노369
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

misunderstanding of the facts of the Defendant or misunderstanding of the legal principles on the grounds of appeal had already secured credit information by means of hacking, etc. without a public contest with the Defendant, but only the Defendant received and delivered the aforementioned information.

Therefore, in collusion with D, the Defendant did not damage another person’s information processed, stored, or transmitted through an information and communications network, or did not infringe on, misappropriate, or divulge another person’s secrets.

The punishment of the court below (one year and four months of imprisonment) which is unfair in sentencing is too unreasonable.

In accordance with Article 32(6) of the Act on Corporate Governance of Financial Companies misunderstanding the Public Prosecutor’s Act (hereinafter “Act on Corporate Governance of Financial Companies”), the lower court’s judgment that sentenced a single punishment is unlawful, even though it should be sentenced separately from other crimes with respect to a violation of the Act on Corporate Governance of Financial Companies specialized in finance-related statutes.

The sentence of the court below which is unfair in sentencing is too uneasible and unfair.

Judgment

Article 49 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. of Information and Communications Network Act (hereinafter “Information and Communications Network Act”) provides that “a person who has obtained another’s secret processed, stored, or transmitted through an information and communications network by unlawful means or method, such as intrusion into the information and communications network, or a person who has knowledge that the secret was acquired by such means or method is used to use such secret (see Supreme Court Decision 2010Do10576, Dec. 13, 2012).” The charge of violating the Information and Communications Network Act (the illegal use of another’s secret processed, stored, or transmitted through the information and communications network) against the Defendant does not merely mean that the Defendant simply delivered another’s credit card information received from D to E, but rather, the Defendant is forged by using a credit card sent by D in collusion with D.

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