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(영문) 창원지방법원 2018.05.24 2018고정202
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

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

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

Reasons

Punishment of the crime

On July 5, 2017, from around 01:38 to around 01:38 the following day, the Defendant used the victim D’s Mestoo accounts (E) and passwords known to the 305 Dong Dong 1302 at Changwon-si, Gyeongnam-si, Changnam-si, and connected to the victim’s account.

Since then, game money and items in the victim's game have been moved to the defendant's Nexson account (IDF, character name G, H, I) and Kexson account (ID: K, character name L).

Accordingly, the Defendant violated the information and communication network without legitimate access authority or beyond the permitted access authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant Article of the Act and the punishment for which is selected;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was agreed with the user of the information and communications network in which the Defendant invaded.

The defendant seems to have an attitude to reflect his mistake by recognizing his mistake.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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