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(영문) 서울북부지방법원 2015.11.19 2015고정1512
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate authority, and shall damage another person's information which is processed, stored or transmitted through the information and communications network, or infringe, use or divulge another person's secrets.

Nevertheless, from December 2, 2014 to February 2, 2015, the Defendant, using a computer and Defendant’s smartphone (IM-A870K) in Seongbuk-gu Seoul, Seoul, 218 dong 1703, which is the Defendant’s residence from around December 2, 2014, entered the victim’s ID and password into the victim’s Facebook (IM-A870K) on the victim’s website, which is social network service, and connects the victim’s facebook account at least 171 times in total, as shown in the list of crimes in the attached Table, and intrudes the victim’s facebook account without due authority. On February 2, 2015, the Defendant established “nonpublic” and deleted the victim’s photo that connects the victim’s facebook account to the victim’s facebook account, and then damaged the victim’s information by deleting it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes, such as Facebook posts;

1. Relevant legal provisions concerning facts constituting an offense, Article 71 subparagraph 11, Article 49, Article 72 (1) 1, and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., and Selection of fines for negligence;

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

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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