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(영문) 서울남부지방법원 2015.09.25 2015고합297
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for one year.

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C It is a person operating D who sells smartphone display cases.

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information;

(a) No one shall destroy, destroy, alter, or forge an information and communications system, data, program, or similar without any justifiable ground, nor shall convey or distribute any program that is likely to interfere with operation thereof;

On January 10, 2015, the Defendant: (a) was downloaded with a fluorc application to monitor the telephone contents, text messages, telephone calls, contact details, photographs, video images, etc. of smartphones based on the operation system from C from Guro-gu Seoul, Guro-gu, 106, 2103, and 2103, and (b) installed the Defendant’s smartphone in the Defendant’s smartphone, “Fluorc application for supervision”, and “Fluorc application for prior expropriation” in the Defendant’s husband’s smartphone.

In collusion with C, the Defendant damaged, destroyed, altered, or forged an information and communications system, data, program, etc., or transmitted or spread a program that could interfere with its operation.

(b) No one shall damage another person's information processed, stored or transmitted through an information and communications network, or infringe, use or divulge another person's secrets;

The Defendant above A from January 10, 2015 to January 15, 2015.

Using the case for players' supervision, as described in the port, C perused the currency details, telephone numbers, text messages, etc. stored in the smartphone of the Defendant’s husband through the D website server.

Accordingly, the defendant, in collusion with C, infringed other's secrets processed, stored or transmitted through the information and communication network.

2. Any person who violates the Protection of Communications Secrets Act, the Criminal Procedure Act or the Military Court Act.

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