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(영문) 광주지방법원 2014.11.20 2014고정1560
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 2013, the Defendant received the introduction from the above C of the aforementioned method of money exchange business, and had been provided with the above personal information, the term “losting program”, etc., and had the mind to operate the term “losting workplace”.

1. No one shall knowingly receive any divulged personal information for profit or any unlawful purpose;

Nevertheless, on September 10, 2013, the Defendant transferred 3,000,000 won to the above C as the price for the trade name in the high-tech room located in the Gwangju Mine-gu, Gwangju, and received the “G” mail with knowledge of the leakage of personal information, such as the “E”, password “F”, Afin ID, Afin ID, Afin password, and name, etc. as indicated in the attached crime list (5).

2. No one shall knowingly receive any divulged personal information for profit or any unlawful purpose;

Nevertheless, on October 7, 2013, the Defendant remitted one million won to the above C as a price, and received the file “G” in which total of 76 personal information was stored, such as the “Addi”, password, J”, Afin ID, Afin ID, Afin password, name, etc., as indicated in the attached crime log (6) in the H’s website game, which is personal information, as indicated in the list of crimes (6).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement of K;

1. Each police electronic email statement concerning H and D;

1. Application of Acts and subordinate statutes to a report on investigation (Preparation of a list of crimes and attachment of separate rights);

1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Article 28-2 (2) of the same Act concerning criminal facts, selection of a fine;

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