Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person's confidential information.

Nevertheless, the Defendant, at around 11:00 on November 10, 2015, visited the Defendant’s main home in Sacheon-si E Building 503, using a computer, visited the Internet portal site “Net”, and then entered the victim F’s ID and password on the premise of divorce without authority, and then arranged the route.

On the 24th of the same month, a recording file (the contents of the victim's conversation with the victim) was downloaded, and the recording was submitted to the female youth investigators of the Gisung Police Station around the 24th of the same month.

Accordingly, the defendant infringed the victim's secret stored in the information and communication network.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with respect to F;

1. Investigative reports (referring to inquiries as to whether a victim has joined the victim's four sets), investigation reports (referring to the submission of text messages and resignation photographs);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 71 Subparag. 11 and Article 49 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc., concerning facts constituting an offense, as well as the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. As the Defendant and the victim shared and used the e-mail account, the victim’s implied consent or presumed consent was obtained at the time of downloading the instant recording file.

2. Determination

A. According to the above evidence duly adopted and examined by the court, the following circumstances can be acknowledged.

1) The Defendant and the victim, as the husband and wife, are the couple’s family members, and before they live in Canada, the injured person was at the victim’s H e-mail account in the victim’s name (hereinafter “this.”).