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(영문) 부산지방법원 2016.12.02 2016고정3332
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 14, 2015, the Defendant was sentenced to imprisonment with prison labor for a year and six months and a fine of one million won at the Busan District Court for fraud, etc., and the above judgment became final and conclusive around that time.

No one shall intrude into an information and communications network without access authority or beyond permitted access authority.

Nevertheless, at around 14:58 on January 17, 2015, the Defendant discovered that the Victim C's NAD was aro, and then changed the victim's identification number, and then accessed the information and communications network without access authority by accessing the NAV in the PC bank at around 18:14 on the same day. On January 19, 2015, the Defendant came to have access to the NAV, using the victim's ID from the PC bank at around 07:37 at the mother telecom located in the Gumi Si E-si on the same method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Logical records and business inquiries;

1. The closure data of deleted fags;

1. Previous convictions in judgment: Criminal records, investigation reports (report on results of confirmation before disposition), copies of written judgments, and results of search of Konet case, applying statutes;

1. Article 72(1)1 and Article 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016); the choice of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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